Durr

Durr v. Ventura County Sheriff's Department

Good Law
53 F. App'x 451
United States Court of Appeals for the Ninth CircuitDecember 13, 2002No. 01-57101; D.C. No. CV-00-08615-DDPCalifornia425 words

Opinion

Lead Opinion

MEMORANDUM **

Ramone Durr appeals the district court’s grant of partial summary judgment to Deputy Biter and summary judgment to the Ventura County Sheriffs Department, Sheriff Brooks, and Deputies Smith and Vazquez. Durr also appeals from a jury verdict in favor of Deputy Biter. We affirm.

*452 Durr’s claims arise from a warrantless entry into his apartment by sheriffs deputies, followed by his arrest under California Penal Code Section 148 for obstructing their entry by deadbolting the door. Durr sued for various constitutional and civil rights violations on the basis of an allegedly illegal entry and search, failure to train and supervise, and false arrest. The district court granted summary judgment in favor of the defendants on all claims except the false arrest claim against Deputy Biter, finding that the defendants’ actions were reasonable and that they were entitled to qualified immunity. The false arrest claim proceeded to a jury trial; the jury found in favor of the defendant, and Durr now claims that several jury instructions were improper.

At the hearing, Durr’s counsel advised the court that he did not contend that the warrantless entry was not justified. Summary…

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