Graham

MEMORANDUM **

W.H. Graham, a former Pinal County pre-trial detainee, and his wife, Rae Ann Graham, appeal pro se the district court’s summary judgment in favor of certain defendants, and its order denying a new trial following a jury verdict for Pinal County, in this 42 U.S.C. § 1983 action arising from Mr. Graham’s arrest and detention while awaiting trial for murder. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir.1998), and we affirm.

The district court properly granted summary judgment on the basis of qualified immunity to detectives Strange, Buckle, Coronel, Winfree, and Placencio. The detectives had a reasonable belief they could start an investigation and make an arrest when they responded to gunfire and encountered Graham standing near the body of a man who had just been shot dead at point-blank range with a handgun. See Saucier v. Katz, 533 U.S. 194 , 202, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).

The district court properly granted summary judgment to Boyd Johnson, because a public defender, when appointed to represent an indigent defendant in the traditional adversarial role, is not a state actor and…