Cruz

Cruz v. County of Santa Barbara

Good Law
228 F. App'x 750
United States Court of Appeals for the Ninth CircuitApril 19, 2007No. 05-55626California523 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant, Efren Cruz, appeals from the district court’s summary judgment dismissing his 42 U.S.C. § 1983 claims against the County of Santa Barbara and the City of Santa Barbara. Cruz alleges various constitutional violations arising from his 1997 convictions for second degree murder and attempted murder, which were later vacated. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Anderson v. Warner, 451 F.3d 1063, 1067 (9th Cir.2006), and we affirm.

We reject Cruz’s contention that the district court erred when it granted summary judgment on the alleged violations of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). Concerning the alleged pre-trial Brady violations, the district court properly determined that five of the six documents at issue were disclosed to Cruz’s first attorney (Duval). Because the prosecution’s disclosure to Duval fully discharged its Brady obligations with respect to these five documents, Cruz did not raise a triable issue of fact when, in opposition to summary judgment, he presented a declaration by his second attorney (Lax) that Lax did not receive some of…

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