Broker

Broker v. Szelewski

Good Law
333 F. App'x 208
United States Court of Appeals for the Ninth CircuitSeptember 1, 2009No. 07-15092California262 words

Opinion

Lead Opinion

*209 MEMORANDUM **

Dennis Broker and Delores Neal appeal pro se from the district court’s judgment after a bench trial in their 42 U.S.C. § 1983 action alleging that Pima County-Sheriffs deputies and child protective services caseworkers violated their Fourth and Fourteenth Amendment rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for clear error findings of fact entered after a bench trial. Saltarelli v. Bob Baker Group Med. Trust, 35 F.3d 382 , 384 (9th Cir.1994). We affirm.

We do not consider appellants’ contention that the district court erred by granting judgment to the defendants on appellants’ Fourth and Fourteenth Amendment claims, because the appellants did not include a trial transcript in the record on appeal. See 9th Cir. R. 10-3.1; Portland Feminist Women’s Health Ctr. v. Advocates for Life, Inc., 877 F.2d 787, 789 (9th Cir.1989) (“When an appellant fails to supply a transcript of a district court proceeding, we may ... refuse to consider the appellant’s argument.”).

The district court properly granted summary judgment on appellants’ claim against the state defendants relating to the initiation and pursuit of child removal proceedings because…

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