Nguyen

MEMORANDUM *

Plaintiffs sued the defendant officers, claiming violations of the Fourth, Fifth, 1 and Fourteenth Amendments. 2 The district court granted summary judgment in favor of the defendants. Except for one technical matter requiring remand, we affirm.

I. Officers Other Than Phillips

Defendant Percy Alexander was never served in this case. Accordingly, he was not entitled to summary judgment. On remand, the court shall dismiss the claims against Alexander without prejudice. See Johnson v. Meltzer, 134 F.3d 1393, 1396 (9th Cir.1998).

As to the properly served defendants, except for Phillips, there is no evidence in the record indicating that any of the officers played any role in the events at issue other than helping to execute the search warrant. The uncontradicted declarations of these “line officers” demonstrate that they fulfilled their constitutional responsibility to inquire “as to the nature and scope of the warrant” before executing it. See Ramirez v. Butte-Silver Bow County, 298 F.3d 1022, 1028 (9th Cir.2002). Because the “line officers” reasonably and in good faith relied on the magistrate’s determination of probable cause, we affirm the grant of summary…