Strobel

Strobel v. Kavon

Good Law
130 F. App'x 853
United States Court of Appeals for the Ninth CircuitApril 22, 2005No. 04-16379California499 words

Opinion

Lead Opinion

MEMORANDUM **

Elsa Strobel appeals the district court’s summary judgment in favor of defendants in her 42 U.S.C. § 1983 action alleging defendants violated her Fourth Amendment rights and caused her emotional distress in seizing her property as evidence of the crime of living off earnings from prostitution. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment. Brydges v. Lewis, 18 F.3d 651, 652 (9th Cir.1994) (per curiam). We affirm.

The district court properly granted defendants’ unopposed motion for summary judgment. See Henry v. Gill Indus., Inc., 983 F.2d 943, 950 (9th Cir. 1993) (where plaintiff fails to oppose mo *855 tion for summary judgment, moving party must support the motion with sufficient papers which do not on their face reveal a genuine issue of material fact). Detective Vigna’s affidavit supporting his application for a search warrant shows probable cause to search Strobel’s home. See United States v. Bridges, 344 F.3d 1010, 1015 (9th Cir.2003). Moreover, the second warrant allowing for the seizure of Strobel’s property was not overbroad. See United States v. Rude, 88 F.3d 1538, 1551 (9th Cir.1996) (the…

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