Rasmussen

Rasmussen v. City of San Marino

Good Law
97 F. App'x 168
United States Court of Appeals for the Ninth CircuitMay 14, 2004No. 03-55138California316 words

Opinion

Lead Opinion

MEMORANDUM **

Robert G. Rasmussen appeals pro se the district court’s summary judgment dismissing his 42 U.S.C. § 1983 action alleging that the City of San Marino (“City”) and various City employees violated his Fourth Amendment rights by harassing him and subjecting him to traffic stops. *169 We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review summary judgment de novo, Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002), and we affirm.

The district court properly granted defendants summary judgment because the incidents Rasmussen complains of were either valid investigatory entries onto the curtilage of his home, see United States v. Hammett, 236 F.3d 1054, 1059 (9th Cir. 2001), or valid investigatory traffic stops, see United States v. Dorais, 241 F.3d 1124, 1130-31 (9th Cir.2001). The district court properly found that Rasmussen failed to establish a material issue of fact as to whether various City employees had acted from improper motives. See Carmen v. San Francisco Unified School Dist., 237 F.3d 1026 , 1028 (9th Cir.2001) (“A plaintiffs belief that a defendant acted from an unlawful motive, without evidence supporting that belief, is no more than speculation or…

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