Revelles

Revelles v. Stout

Good Law
103 F. App'x 622
United States Court of Appeals for the Ninth CircuitMarch 22, 2004No. 02-56071, 02-57058; D.C. No. CV-99-05563-LGBCalifornia2,366 words

Opinion

Lead Opinion

MEMORANDUM **

Roy E. Revelles challenges the constitutionality of a blood draw conducted by Defendant Judy Graves, an employee of Defendant American Forensic Nurses (“AFN”). Graves drew Revelles’s blood at the San Bernardino County jail shortly after Revelles had been arrested on suspicion of drunk driving. Revelles contends that Graves is not licensed to conduct blood draws under California law and that Graves’s blood draw was an unreasonable search or seizure.

Revelles filed a class action complaint in district court alleging violation of his Fourth Amendment rights and unfair business practices and battery under California law. In a series of orders, the district court dismissed with prejudice Revelles’s claims against AFN’s insurer, Chicago Insurance Company (“CIC”); denied class certification; granted summary judgment to the remaining defendants on Revelles’s 42 U.S.C. § 1983 claim; and declined to exercise supplemental jurisdiction over Re *624 velles’s remaining state law claims. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

The district court dismissed with prejudice Revelles’s § 1983 claim against CIC in the second amended complaint, and…

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