Pinnavaia

Pinnavaia v. Federal Bureau of Investigation

Good Law
218 F. App'x 646
United States Court of Appeals for the Ninth CircuitJanuary 17, 2007No. 05-56412California357 words

Opinion

Lead Opinion

MEMORANDUM **

Matthew D. Pinnavaia appeals pro se from the district court’s judgment dismissing his action alleging defendants violated his constitutional rights and the Privacy Protection Act, 42 U.S.C. § 2000aa et seq., during a search of his residence. We have *647 jurisdiction under 28 U.S.C. § 1291 . We review de novo, Sommatino v. United States, 255 F.3d 704, 707 (9th Cir.2001) (subject matter jurisdiction); Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001) (failure to state a claim), and we affirm.

The district court properly concluded that Pinnavaia failed to state a claim against the Federal Bureau of Investigation (“F.B.I.”) and the Department of Justice for alleged constitutional violations. See Thomas-Lazear v. F.B.I., 851 F.2d 1202, 1207 (9th Cir.1988) (“the United States has not waived its sovereign immunity in actions seeking damages for constitutional violations”); see also F.D.I.C. v. Meyer, 510 U.S. 471, 486 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (declining to recognize a direct action for damages against federal agencies). Moreover, any potential constitutional claims against the individual F.B.I. agents who conducted the search would be barred…

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