Michael Turner v. Christopher Craig

MEMORANDUM

Michael Turner (“Plaintiff’) appeals the district court’s dismissal and entry of summary judgment in his 42 U.S.C. § 1983 action alleging violations of his First and Fourth Amendment rights along with related state law claims for false arrest and intentional infliction of emotional distress, all arising out of an arrest for suspected possession of hashish oil. Turner brought the action against the arresting police officers for their actions, and against the City of Oakland under Monell v. Dep’t of Soc. Servs., 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), for failing to train the officers.

The district court did not err in dismissing Plaintiffs claim for violation of his First Amendment rights. There was no showing of any government action with the purpose of suppressing his religious conduct. See Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520, 533-34 , 113 S.Ct. 2217 , 124 L.Ed.2d 472 (1993). The police officers acted upon the reasonable suspicion that the oil found in the glove compartment of the car was hashish oil.

The district court also did not err in dismissing Plaintiffs claim for violation of his Fourth Amendment rights with regard to…