Schneider

Schneider v. Merritt

Good Law
244 F. App'x 778
United States Court of Appeals for the Ninth CircuitJune 26, 2007No. 05-16317California855 words

Opinion

Lead Opinion

MEMORANDUM *

April Schneider, Matt Farley, and Den-ice Basques appeal from the district court’s grant of summary judgment to the City of Pacifica, its Chief of Police, and two of its police officers on their constitutional claims under 42 U.S.C. § 1983 and California Civil Code § 52.1. The facts are known to the parties and we do not recite them here.

We review a district court’s grant of summary judgment de novo and draw all reasonable inferences in the light most favorable to the non-moving party. Valdez v. Rosenbaum, 302 F.3d 1039, 1043 (9th Cir.2002). We also must determine whether the district court properly applied the relevant law. Id. We may affirm on any basis supported by the record. Id.

“Section 1983 requires a claimant to prove (1) that a person acting under color of state law (2) committed an act that deprived the claimant of some right, privilege or immunity protected by the Constitution or laws of the United States.” White v. Roper, 901 F.2d 1501, 1503 (9th Cir.1990) (footnote omitted).

Officer Glasgo’s decision to initiate an investigatory stop of Schneider’s vehicle was justified under Terry v. Ohio, 392 U.S. 1, 20-23 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968).…

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