Saumur

Saumur v. Robles

Good Law
65 F. App'x 132
United States Court of Appeals for the Ninth CircuitMay 8, 2003No. 01-17110California688 words

Opinion

Lead Opinion

MEMORANDUM *

Diane and Gary Saumur (“the Saumurs”) appeal the District Court’s partial dismissal and partial summary judgment of their 42 U.S.C. § 1983 action against Appellees. The Saumurs contend that the District Court erred in concluding that a search warrant issued for their residence was supported by probable cause and that the search of their house was reasonably executed. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 . Because the parties are familiar with the facts and procedural history of this case, they are not recited here except as necessary to explain our analysis. For the reasons set out below, we affirm.

We review a district court’s dismissal of a § 1983 action de novo. See Morales v. City of Los Angeles, 214 F.3d 1151, 1153 (9th Cir.2000). We review a district court’s grant of summary judgment in a § 1983 action by the same standard. Stone v. City of Prescott, 173 F.3d 1172, 1174 (9th Cir.1999). ‘We review de novo the district court’s conclusions that the alleged omissions in an affidavit are not material to a finding of probable cause.” Liston v. County of Riverside, 120 F.3d 965, 973 (9th Cir.1997) (citation omitted).

In order to survive…

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.