Carter
Carter v. O'malley
Opinion
lead Opinion
MEMORANDUM **
Samuel Carter appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that the warrantless search of his hotel room violated the Fourth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Blankenhorn v. City of Orange, 485 F.3d 463, 470 (9th Cir.2007), and we may affirm for any reason supported by the record, Wallis v. J.R. Simplot Co., 26 F.3d 885, 888 (9th Cir.1994). We affirm.
Although the district court failed to apply the two-step test outlined in Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), it correctly determined that defendants were entitled to qualified immunity. Under Saucier, courts “must examine first whether the [officers] violated [the plaintiff’s] constitutional rights on the facts alleged and, second, if there was a violation, whether the constitutional rights were clearly established.” Desyllas v. Bernstine, 351 F.3d 934, 939 (9th Cir. 2003) (citing Saucier, 533 U.S. at 201, 121 S.Ct. 2151 ).
Viewing the summary judgment record in the light most favorable to Carter, see Blankenhorn, 485 F.3d at 470 , the facts here may well support a…