Dillard

Dillard v. Sanchez

Good Law
359 F. App'x 703
United States Court of Appeals for the Ninth CircuitOctober 23, 2009No. 08-35241California759 words

Opinion

Lead Opinion

MEMORANDUM **

C. Gordon Dillard appeals pro se from the district court’s summary judgment in his action under 42 U.S.C. § 1988 and various state laws claiming that defendants defamed him, conspired against him, and violated his civil rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and we affirm.

The district court properly concluded that prosecutor Sanchez was immune from Dillard’s claim that Sanchez hid exculpatory evidence. See Imbler v. Pachtman, 424 U.S. 409, 416 , 431 & n. 34, 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976) (holding that a prosecutor has absolute immunity “in initiating a prosecution and in presenting the State’s case,” even where the prosecutor willfully suppressed exculpatory information).

In his second reply brief Dillard contends that Sanchez also improperly coached the police to manufacture evidence prior to the probable cause hearing and empaneling of the grand jury. Dillard did not raise this issue in his notice of appeal or opening brief, see Eberle v. City of Anaheim, 901 F.2d 814, 818 (9th Cir.1990), and has not set forth specific facts showing the existence of a…

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