McNeill
McNeill v. Town of Paradise Valley
Opinion
Lead Opinion
MEMORANDUM **
Michael McNeill appeals the district court’s judgment in favor of defendants in his action alleging civil rights and Racketeer Influenced and Corrupt Organization Act (“RICO”) violations stemming from the issuance of a traffic citation on the basis of a photo radar. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 815, 816 (9th Cir.1994), and we affirm.
The district court properly dismissed the 42 U.S.C. § 1983 and RICO claims against Johnson and Lynch on grounds of judicial immunity, and Kennedy on grounds of prosecutorial immunity. See Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir.1986) (en banc).
A municipal entity cannot constitute a RICO enterprise; therefore, the RICO claim fails. See Lancaster Comm. Hosp. v. Antelope Valley Hosp., 940 F.2d 397 , 404 (9th Cir.1991).
Summary judgment for Paradise Valley was proper because sending a traffic citation to the registered owner of a vehicle based on the photo radar system does not constitute a seizure under the Fourth Amendment. See Brower v. County of Inyo, 489 U.S. 593, 596 , 109 S.Ct. 1378 , 103 L.Ed.2d 628 (1989) (A “seizure” under the Fourth Amendment…