Atkins
Atkins v. County of Alameda
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff Steven Atkins appeals the district court’s grant of summary judgment to the County of Alameda, City of Alameda, Eileen McAndrew, and Officer P. Wyeth in Plaintiffs suit for alleged acts surrounding his arrest for driving under the influence of alcohol. On February 26, 2007, we dismissed for lack of jurisdiction Plaintiffs appeal against the County of Alameda and *587 McAndrew. As to Plaintiffs remaining claims, on de novo review, Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004), we affirm.
1. Plaintiff argues that a genuine dispute exists over whether Wyeth violated his Fourth Amendment rights when Wyeth entered his home without permission, a warrant, or probable cause to arrest him. Viewing the evidence in the light most favorable to Plaintiff, Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004), we disagree. Wyeth claims that entry was justified under the emergency aid doctrine, which requires that an officer “have an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury.” Brigham City v. Stuart, — U.S. -, 126 S.Ct. 1943,1946 , 164 L.Ed.2d 650 (2006) (emphases…