Kilpatrick

Kilpatrick v. Hernandez

Good Law
353 F. App'x 84
United States Court of Appeals for the Ninth CircuitJune 30, 2009No. 07-55633California362 words

Opinion

Lead Opinion

MEMORANDUM **

Kenneth Kilpatrick (“Kilpatrick”) appeals the district court’s grant of summary judgment in his 42 U.S.C. § 1983 suit against Officers Carlos Quiroz (“Quiroz”) and Robert Hernandez ■ (“Hernandez”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the district court.

The district court properly granted summary judgment on Kilpatrick’s Sixth Amendment claim against defendant Qui-roz because Kilpatrick failed to raise a genuine issue of material fact as to whether Quiroz fabricated evidence or filed a false police report. See Hauk v. JP Morgan Chase Bank USA, 552 F.3d 1114, 1117 (9th Cir.2009) (“Summary judgment is proper ‘if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.’ ” (quoting Fed.R.CivP. 56(c))).

The district court properly granted summary judgment on Kilpatrick’s Fourth Amendment claim against Quiroz because Kilpatrick failed to show that Quiroz lacked probable cause for the arrest. See Ramirez v. City of Buena Park, 560 F.3d 1012, 1023 (9th Cir.2009) (“The Fourth Amendment requires police…

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