Bartnof

Bartnof v. Messinger

Good Law
117 F. App'x 613
United States Court of Appeals for the Ninth CircuitDecember 20, 2004No. 03-56134; D.C. No. CV-01-08879-SJOCalifornia274 words

Opinion

Lead Opinion

MEMORANDUM **

Barbara Bartnof appeals pro se from the district court’s summary judgment for defendants in her 42 U.S.C. § 1983 action alleging that various individuals conspired to violate her constitutional rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Brewster v. Shasta County, 275 F.3d 803, 806 (9th Cir.2001), and we affirm.

The district court properly held that Bartnofs conclusory allegations that Los Angeles County investigator Ed Messinger conspired with others to obtain an improper search warrant failed to undermine the warrant’s validity and establish a constitutional violation. See Franks v. Delaware, 438 U.S. 154, 171-72 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978); see also Navarro v. Barthel, 952 F.2d 331, 332 (9th Cir.1991) (applying Franks to the civil rights context). Because Messinger did not violate a constitutional right, the district court properly concluded that he was entitled to qualified immunity. See Jackson v. City of Bremerton, 268 F.3d 646, 651 (9th Cir. 2001)

Contrary to Bartnofs contention, the district court properly concluded that her declarations did not raise a genuine issue of material fact as to whether the Los…

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