Exendine

Exendine v. Sammamish City

Good Law
275 F. App'x 596
United States Court of Appeals for the Ninth CircuitApril 22, 2008No. 06-35974California984 words

Opinion

Lead Opinion

MEMORANDUM *

Michael Alden and Patricia Exendine brought suit against the City of Sammamish and three of its officers (“the City”) after the City barred the Exendines and them infant daughter from entering their residence for approximately one week in March of 2002. The Exendines allege violations of their rights under the Fourth and Fourteenth Amendments and several violations of state law. Specifically, they allege that the order to vacate (1) constituted an illegal seizure of the Exendines and their residence; (2) deprived the Ex-endines of their property without due process of law; (3) damaged their husband-wife relationship, in violation of the Due Process Clause of the Fourteenth Amendment; (4) implicated municipal liability under 42 U.S.C. § 1983 ; and (5) constituted “intentional, reckless and/or negligent” infliction of emotional distress. They also allege trespass to property incident to a second search. The district court declined to exercise supplemental jurisdiction over two additional state-law claims, and the Exendines do not appeal that part of the district court’s decision. They have also abandoned their First Amendment claim.

“We review de novo the district…

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