Vaccaro

Vaccaro v. Carson City

Good Law
238 F. App'x 196
United States Court of Appeals for the Ninth CircuitMay 3, 2007No. 05-15843California505 words

Opinion

Lead Opinion

MEMORANDUM ***

Appellant Gerard Vaccaro (‘Vaccaro”) appeals the district court’s grant of summary judgment to Carson City, several fire inspectors, and deputies on his 42 U.S.C. § 1983 claims relating to the execution of an inspection warrant on May 4, 2001. Vaccaro claims that the fire inspectors and deputies violated his Fourth Amendment rights by lying to obtain the inspection warrant and detaining him when he attempted to flee. In addition, Vaccaro claims that issuing citations violated his constitutional rights, and that he was retaliated against for exercising his First Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 , and we review the district court’s grant of summary judgment de novo. Peterson v. Hewlett-Packard Co., 358 F.3d 599, 602 (9th Cir.2004). We affirm.

In order to make a substantial showing of deliberate falsehood or reckless disregard for the truth in obtaining a warrant that would constitute a violation of the Fourth Amendment under Franks v. Delaware, 438 U.S. 154, 155-56 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), allegations of falsity “cannot be merely conclusory and must be accompanied by a detailed offer of proof.” United States v. Chesher,…

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