Lundberg

MEMORANDUM **

Timothy Jonathan Lundberg and Janet Lundberg appeal pro se the district court’s judgment dismissing for failure to state a claim their 42 U.S.C. § 1983 action alleging that the police improperly arrested Janet Lundberg and that the district attorney did not file charges against the true aggressors. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo dismissals for failure to state a claim. Omar v. Sea-Land Serv., Inc., 813 F.2d 986 , 991 (9th Cir.1987) (sua sponte dismissal). We may affirm on any ground supported by the record. Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir.1998). We affirm in part, vacate in part, and remand.

Because constitutional rights are personal in nature, Timothy Lundberg lacks standing to allege the deprivation of his wife’s constitutional rights. See Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir.1997).

Mrs. Lundberg’s claims against Grover Trask are barred because a prosecutor’s decision whether or not to prosecute is protected by absolute immunity. See Roe v. City and County of San Francisco, 109 F.3d 578, 583 (9th Cir.1997). The claims against Chief Higginbotham fail because Mrs. Lundberg does…