Christopher Hansen v. Joshua Nieves

MEMORANDUM

Christopher H. Hansen, Dawn E. Hansen, Joshua Hansen, and Whitney F. Hansen appeal pro se from the district court’s summary judgment in their 42 U.S.C. § 1983 action arising from an emergency response to a disturbance between the Hansens and their neighbor. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, and we may affirm on any ground supported by the record. Moreland v. Las Vegas Metro. Police Dep’t, 159 F.3d 365 , 369 (9th Cir.1998). We affirm.

The district court properly granted summary judgment on the Hansens’ Fourth Amendment claims arising out of their detention because the Hansens failed to raise a genuine dispute of material fact as to whether the officers had reason to believe that an assault with a deadly weapon may have occurred. See Terry v. Ohio, 392 U.S. 1, 30 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). Further, the Hansens failed to raise a genuine dispute as to whether the length of their detention violated the Fourth Amendment or Nevada law. See United States v. Torres-Sanchez, 83 F.3d 1123, 1128-29 (9th Cir.1996); see also Nev. Rev.Stat. § 171.123(4) (an individual “must not be detained…