Stanko
Stanko v. Scott
Opinion
Lead Opinion
MEMORANDUM **
Rudy Stanko "appeals pro se the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging theft, illegal arrest, search and seizure, and violation of his Fifth Amendment right against self-incrimination. We have jurisdiction under 28 U.S.C. § 1291 . We review entry of summary judgment de novo, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), and we affirm.
After a boating accident on the Yellowstone River, Stanko was cited and arrested by appellee Jeff Scott, a game warden for the State of Montana. Stanko’s bare allegation that he was arrested for exercising his right against self-incrimination does not create a genuine issue of material fact as to pretext, because the arrest was independently supported by probable cause. See United States v. Hudson, 100 F.3d 1409, 1415 (9th Cir.1996).
Stanko’s contention that the warrantless search of his boat violated the Fourth Amendment lacks merit because the district court properly found that the search was supported by probable cause. See United States v. Albers, 136 F.3d 670, 674 (9th Cir.1998).
An adequate postdeprivation state remedy exists for Stanko’s alleged property loss, so his section…