Glair

Glair v. City of Los Angeles

Good Law
276 F. App'x 660
United States Court of Appeals for the Ninth CircuitMay 2, 2008No. 06-55886California414 words

Opinion

Lead Opinion

MEMORANDUM **

Richard Glair appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that officers of the Los Angeles Department of Animal Services unlawfully searched his home and seized his dog. We have jurisdiction under 28 U.S.C. § 1291 . We re *661 view de novo, Boston Mut. Ins. v. Murphree, 242 F.3d 899 , 902 (9th Cir.2001), and we affirm.

Glair contends that the district court erred in granting summary judgment to defendants because the search warrant was not supported by probable cause, and was based on omissions and misleading statements by the officers. We disagree. Considering the totality of the circumstances and in particular the report by Officer Gonzalez, the district court had a substantial basis for concluding that probable cause for the warrant existed. See Illinois v. Gates, 462 U.S. 213, 238-39 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). The record supports the district court’s conclusion that Glair failed to raise a triable issue as to the validity of Officer Gonzalez’s report. See Hervey v. Estes, 65 F.3d 784, 790 (9th Cir.1995) (stating that on summary judgment a “substantial showing” is required that the officers…

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