Brett Vernon v. City of Santa Barbara

MEMORANDUM

Brett Vernon (“Vernon”) appeals a judgment of the Central District of California (“District Court”) granting summary judgment to the defendants, Officers Eduardo Ruiz and Thomas Van Eyck, the Santa Barbara Police Department (“SBPD”) and the City of Santa Barbara (collectively, the “Defendants”), on his 42 U.S.C. § 1983 claims alleging unlawful search and seizure and excessive force in violation of the Fourth Amendment.

The facts and circumstances of this case are fairly and accurately set out by the District Court in its order. Civil Minutes, Vernon v. City of Santa Barbara, No. CV 10-565-VBF (AJWx) (C.D.Cal. Nov. 18, 2010), ECF No. 29. Vernon contends that Officers Ruiz and Van Eyck are not entitled to qualified immunity for their war-rantless search of his house and for their use of force in detaining and handcuffing him, and he argues that the District Court erred in finding that the officers’ actions did not violate his constitutional rights.

“We review a district court’s grant of summary judgment, determination of qualified immunity, and probable cause findings de novo.” Franklin v. Fox, 312 F.3d 423, 436 (9th Cir.2002). Summary judgment is appropriate where…