Horton
Horton v. County of Los Angeles
Opinion
lead Opinion
MEMORANDUM **
Horton appeals the district court’s entry of summary judgment dismissing his claims under 42 U.S.C. § 1983 and various state claims. We review the challenged order de novo and affirm. See Bagdadi v. Nazar, 84 F.3d 1194, 1197 (9th Cir.1996).
We find the searches were justified under the emergency exception because the Los Angeles County Sheriffs Department (“LACSD”) deputies were responding to a report of a possible suicide in Horton’s house. See Mincey v. Arizona, 437 U.S. 385, 392 , 98 S.Ct. 2408 , 57 L.Ed.2d 290 (1978); United States v. Cervantes, 219 F.3d 882, 888 (9th Cir.2000). Under the first prong of Cervantes , deputies reasonably believed there was an emergency because they received a report of imminent suicide from a reliable source. See Cervantes, 219 F.3d at 888 . The deputies’ second search was also justified by the emergency call because there was no evidence that the emergency had subsided. One deputy’s reentry to look for his missing keys was closely related to the first two searches and was a de minimis intrusion. See United States v. Jacobsen, 466 U.S. 109, 125 , 104 S.Ct. 1652 , 80 L.Ed.2d 85 (1984). Under the second prong, there is no evidence…