Gavigan

Gavigan v. County of Pima

Good Law
153 F. App'x 991
United States Court of Appeals for the Ninth CircuitNovember 15, 2005No. 03-17338California344 words

Opinion

Lead Opinion

MEMORANDUM *

1. The warrantless entry into Eugene and Aubrey Gavigan’s (the Gavigans) house was supported by exigent circumstances and probable cause. See United States v. Brooks, 367 F.3d 1128, 1133-36 (9th Cir.2004) (discussing exigent circumstances); see also Peng v. Penghu, 335 F.3d 970, 978 (9th Cir.2003) (discussing probable cause). Therefore, no Fourth Amendment violation occurred. See Brooks, 367 F.3d at 1133 .

2. Because no Fourth Amendment violation occurred, the Pima County deputy sheriffs were entitled to qualified immunity from the Gavigans’ federal claims. See Saucier v. Katz, 533 U.S. 194 , 201-02, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001); see also Burrell v. McIlroy, 423 F.3d 1121, 1125 (9th Cir.2005) (applying Saucier test).

3. The district court’s summary dismissal of the Gavigans’ state law claims did not include a separate analysis of the viability of the claims according to state law. See Billington v. Smith, 292 F.3d 1177, 1190 (9th Cir.2002) (noting that “[t]he Fourth Amendment’s ‘reasonableness’ standard is not the same as the standard of ‘reasonable care’ under tort law”). Accordingly, the dismissal of the state law claims is reversed and those claims…

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