Zamora

Zamora v. Smith

Good Law
267 F. App'x 602
United States Court of Appeals for the Ninth CircuitFebruary 20, 2008No. 05-15622California1,470 words

Opinion

lead Opinion

MEMORANDUM *

Danny Zamora filed a civil claim against two sheriff deputies, alleging the deputies illegally entered his parents’ home and used excessive force while arresting him. The deputies moved for summary judgment, and the district court granted summary judgment in favor of the deputies on the illegal search claim. The excessive force claim went to trial and resulted in a verdict for the deputies.

Zamora appeals the district court’s summary judgment on the illegal search claim and the jury verdict on the excessive force claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review a summary judgment grant de novo. Humanitarian Law Project v. Mukasey, 509 F.3d 1122, 1130 (9th Cir.2007). On appeal, Zamora contends he suffered two Fourth Amendment violations. First, Zamora contends his Fourth Amendment rights were violated when the deputies entered his parents’ house and arrested him. Second, Zamora contends his rights were violated when the deputies re-entered the house and searched for a shotgun after Zamora had been arrested. Zamora raises the second allegation for the first time on appeal.

Generally, we do not decide an issue raised for the first…

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