Barsch

Barsch v. O'Toole

Good Law
315 F. App'x 637
United States Court of Appeals for the Ninth CircuitMarch 2, 2009No. 07-17385California408 words

Opinion

Lead Opinion

*639 MEMORANDUM **

Edward A. Barsch appeals pro se from the district court’s summary judgment in favor of law-enforcement personnel and city district attorneys in his 42 U.S.C. § 1983 action regarding entry into his house and seizure of weapons. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a grant of summary judgment. Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004). We affirm.

The district court correctly determined that the defendant district attorneys were entitled to absolute prosecutorial immunity, Imbler v. Pachtman, 424 U.S. 409, 431 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976), and that the defendant police officers are entitled to qualified immunity, because Barsch has not shown that they violated his constitutional rights, Wilson v. Layne, 526 U.S. 603, 609 , 119 S.Ct. 1692 , 143 L.Ed.2d 818 (1999).

The district court correctly determined that Barsch’s Fourth Amendment rights were not violated when police officers entered his house in conducting a protective sweep based on reports of multiple guns on this premises in the possession of Barsch’s bipolar son, who reportedly was not taking his medication, making death threats,…

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