Cairnes

Cairnes v. City of Pacific

Good Law
104 F. App'x 24
United States Court of Appeals for the Ninth CircuitJuly 14, 2004No. 03-35621California1,137 words

Opinion

Lead Opinion

MEMORANDUM *

Police Officer S.D. Deakin appeals the district court’s denial of his motion for summary judgment as to Bradley Ray Cairnes’s claim under 42 U.S.C. § 1983 that Deakin violated Cairnes’s Fourth Amendment right to be free from unrea *25 sonable seizure. Cairnes’s claim arises out of his arrest by Deakin, pursuant to an arrest warrant, for violating at least one no contact order issued in favor of his estranged spouse, Ms. Cairnes, after she complained to the police that Cairnes repeatedly called her over a two week period. The district court denied Deakin’s motion for summary judgment based on qualified immunity after concluding that a material issue remained in dispute as to the reasonableness of Deakin’s belief that his arrest of Cairnes was with probable cause. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

We review de novo a district court’s denial of summary judgment based on qualified immunity. See Bingham v. City of Manhattan Beach, 341 F.3d 939, 945 (9th Cir.2003). Summary judgment is appropriate where “there is no genuine issue as to any material fact” and “the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P.…

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