Proffitt

Proffitt v. County of Santa Barbara

Good Law
121 F. App'x 684
United States Court of Appeals for the Ninth CircuitDecember 22, 2004No. 03-55519California849 words

Opinion

Lead Opinion

MEMORANDUM **

Shane Proffitt, a probationary Long Beach, California patrol officer, appeals the district court’s summary judgment dismissing his 42 U.S.C. § 1983 action against the County of Santa Barbara and Santa Barbara County Deputy Sheriff Sergeant Conn Abel. Proffitt’s suit alleges that Abel and his subordinate, Deputy Chris Dallenbach, violated Proffitt’s First, Fourth, and Fourteenth Amendment rights on the grounds of false arrest, excessive force, and conspiracy. 1 Proffitt’s claims arise from a December 2, 2001 encounter between Proffitt and officers Abel and Dallenbach, which culminated in Abel issuing Proffitt a citation for possession of an open container of alcohol in violation of Santa Barbara County Ordinance § 36-3. Proffitt contends that Abel’s actions led to his termination from the Long Beach Police Department (“LBPD”) and the loss of his law enforcement career. 2 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

A. Proffitt’s Termination-Related Claims

The crux of Proffitt’s complaint is that Abel falsified his account of Proffitt’s conduct on the night he issued Proffitt the open container citation. According to Proffitt, Abel’s…

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