Christie

Christie v. Barats

Good Law
61 F. App'x 403
United States Court of Appeals for the Ninth CircuitApril 11, 2003No. 02-16049; D.C. No. CV-00-00451-HDMCalifornia646 words

Opinion

Lead Opinion

MEMORANDUM **

Walter and Charmaine Christie appeal pro se the district court’s summary judgment in their 42 U.S.C. § 1983 action alleging violation of their Fourth and Fifth amendment rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s grant of summary judgment on the ground of qualified immunity. See Case v. Kitsap County Sheriffs Dept., 249 F.3d 921 , 925 (9th Cir.2001).

The facts are known to the parties and need not be fully recited. Walter Christie maintains that he is not an ex-felon, and that he has no legal obligation to apply to have his right to possess firearms restored. He claims that the sheriffs and prosecutors who seized firearms from his home and have not returned them to him, and the county clerk who removed his name from the voter registry, violated his constitutional rights.

Christie was honorably discharged from probation in 1973. Christie argues that a later-enacted honorable discharge statute is not applicable to him and is an ex post facto law. He argues that because he was discharged in 1973, the 1973-version of the discharge statute controls. A very similar argument was rejected by the…

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