Rose

Rose v. Loos

Good Law
130 F. App'x 78
United States Court of Appeals for the Ninth CircuitMarch 10, 2005No. 03-35986; D.C. No. CV-00-00688-SEJLCalifornia643 words

Opinion

Lead Opinion

MEMORANDUM **

Dana L. Rose (“Rose”) appeals the district court’s grant of summary judgment in favor of defendants, Sheriffs deputies Mark J. Loos and Cary Bristol (together, “defendants”), in his action pursuant to 42 U.S.C. § 1983 . Rose alleges that defendants violated his Fourth Amendment rights when, following his arrest for driving without a valid driver’s license, they *79 impounded his motor home and inventoried its contents pursuant to the impoundment policy of the Cassia County Sheriffs Department. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Rose does not challenge the validity of his stop and subsequent arrest. Rather, Rose contends that, instead of impounding his motor home, defendants should have left the vehicle parked in the parking lot where Rose was arrested or in the care of the vehicle’s other two occupants. We review de novo the district court’s grant of summary judgment. See Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004); Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004) (stating that the court must determine whether, viewing the evidence in the light most favorable to the non-moving party, there are any genuine issues of…

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