Schmidt

Schmidt v. King County

Good Law
58 F. App'x 367
United States Court of Appeals for the Ninth CircuitMarch 14, 2003No. 02-35600; D.C. No. CV-01-01397-MJPCalifornia339 words

Opinion

Lead Opinion

MEMORANDUM **

Gregory Schmidt appeals pro se the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1983 action, which alleged constitutional and common law torts arising from an arrest for domestic violence. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Arpin v. Santa Clara County Transp. Agency, 261 F.3d 912 , 919 (9th Cir.2001), and we affirm.

The district court properly granted defendant Young summary judgment on the malicious prosecution claim because Young was entitled to absolute immunity. See Kalina v. Fletcher, 522 U.S. 118, 124-26 , 118 S.Ct. 502 , 139 L.Ed.2d 471 (1997) (prosecutor entitled to absolute immunity for actions taken while acting within the scope of her duties preparing for the initiation of judicial proceedings or for trial).

The district court properly granted summary judgment to defendants on the claim of outrage because Schmidt failed to provide evidence of sufficiently extreme actions. See Grimsby v. Samson, 85 Wash.2d 52 , 530 P.2d 291, 295 (Wash.1975).

The district court properly granted summary judgment on Schmidt’s negligence claim because the defendants had reasonable grounds for the arrest. See…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.