Sterling

Sterling v. Weaver

Good Law
146 F. App'x 136
United States Court of Appeals for the Ninth CircuitAugust 19, 2005No. 04-35346California987 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs—Appellants Christine Sterling, individually and as the representative of George Timothy Williams, and Patricia Williams, individually and as heir of George Timothy Williams, appeal the district court’s grant of summary judgment dismissing their claims under 42 U.S.C. § 1983 alleging that the search of Williams’s home, which resulted in Williams’s death, violated Williams’s Fourth Amendment rights. Plaintiffs contend that the district court erred in concluding that Williams’s constitutional rights were not violated and thus erred in granting Sheriff James Weaver and Undersheriff Jocelyn Roberts qualified immunity and in dismissing the claims against Jerome County. 1 We affirm.

The plaintiffs first argue that the affidavit supporting the application for the search warrant was not supported by probable cause. Based on the totality of the circumstances known to the officer at the time he applied for the search warrant, the warrant was supported by probable cause. See Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). That the confidential informant, Mary Ann Taylor, backed out of a controlled buy and was told that the information…

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