Dixon
Dixon v. Wallowa County
Opinion
Concurring Opinion
Tashima, J.
concurring.
I concur in all of Judge Wallace’s opinion, except for the basis on which it affirms the cross-appeal of the individual defendants in Part VI. The opinion holds that “[t]he individual defendants lack standing to raise these claims,” as a matter of constitutional Article III standing. Maj. op. at 1021. I, too, would dismiss this appeal, but would not reach the constitutional issue.
The Supreme Court has admonished innumerable times that we should “avoid reaching constitutional questions in advance of the necessity of deciding them.” Lyng v. N.W. Indian Cemetery Protective Ass’n, 485 U.S. 439, 445 , 108 S.Ct. 1319 , 99 L.Ed.2d 534 (1988) (stating the same as “[a] fundamental and longstanding principle of judicial restraint”). Like Dixon’s appeal discussed in Part II of the majority *1023 opinion, the cross-appeal is from the district court’s denial of summary judgment on the issue of qualified immunity. Thus, it ought to be disposed of on the same, non-constitutional basis. As the majority opinion holds: “We refuse to review the district court’s denial of summary judgment after there has been an adverse jury verdict. De Saracho v. Custom Food Mack, Inc., 206 F.3d 874 ,…
Lead Opinion
Wallace, J.
Opinion by Judge WALLACE; Concurrence by Judge TASHIMA.
OPINION
Dixon appeals from Fourth Amendment and Due Process summary judgments and a judgment after jury trial in her 42 U.S.C. ■ § 1983 claims against Wallowa County (County) and certain county officers. The two individual defendants cross-appeal, asserting errors in three summary judgment rulings. The district court had jurisdiction under 28 U.S.C. § § 1331 and 1343. We have jurisdiction over this timely filed appeal pursuant to 28 U.S.C. § 1291 , and we affirm.
I.
On June 7, 1998, state police officers arrested Colpitts on charges of rape, sodomy, and sexual abuse, crimes allegedly committed in his Wallowa County home. Pursuant to a warrant, the police searched the house the day of the arrest. Dixon, who was renting a room from Colpitts, was present. She asserts that before leaving, an officer returned control of the premises to her and informed her that the search was complete. Later that evening, Dixon conducted her own search and uncovered a nightgown and some pictures. Believing they might be evidence of the alleged crime, she telephoned County Sheriff Jett, who came to the house and collected the objects.