Ramsey

Williams v. Ramsey

Good Law
190 F. App'x 530
United States Court of Appeals for the Ninth CircuitMay 30, 2006No. 04-16658California352 words

Opinion

Lead Opinion

MEMORANDUM **

Paul Williams and Daylyn Presley appeal the district court’s summary judgment on qualified immunity in their 42 U.S.C. § 1983 action alleging violation of their Fourth Amendment rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm for reasons stated in greater detail by the district court.

In sum, to survive summary judgment, Williams and Presley had to show that “without the dishonestly included or omitted information, the magistrate would not have issued the warrant.” Hervey v. Estes, 65 F.3d 784, 789 (9th Cir. 1995), as amended. They faded to do so, because even absent the allegedly false information in the April 10, 2001 affidavit there was probable cause to suspect that *532 the searches would uncover evidence of illegal activity. Williams and Presley’s attempts to undermine those parts of the affidavit derived from the Steven Clark interview and from the March 8, 2001 affidavit are unavailing. Clark was the club manager and the police later substantially corroborated information attributable to him. See United States v. Bishop, 264 F.3d 919, 925 (9th Cir.2001) (noting that veracity “may be demonstrated through independent police…

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