Williby

Williby v. State of California

Good Law
276 F. App'x 663
United States Court of Appeals for the Ninth CircuitMay 2, 2008No. 06-15164California574 words

Opinion

Lead Opinion

MEMORANDUM **

Harry J. Williby appeals pro se from the district court’s orders granting partial summary judgment in favor of defendants and dismissing his action alleging that defendants violated his civil rights when, after his conviction, prison officials obtained DNA samples. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a grant of summary judgment, Plumeau v. Sch. Dist. No. 40, 130 F.3d 432 , 435 (9th Cir.1997), and a dismissal for failure to state a claim for which relief can be granted, Rodriguez v. Panayiotou, 314 F.3d 979, 983 (9th Cir.2002). We affirm.

The district court properly granted summary judgment in favor of Prosecutor Sandbach on absolute immunity grounds because Williby failed to show that any of Sandbach’s actions were beyond those “intimately associated with the judicial phase of the criminal process.” Imbler v. Pachtman, 424 U.S. 409, 430 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976).

The district court properly concluded that California’s DNA and Forensic Identification Data Base and Data Bank Act of 1998, CaLPenal Code §§ 295, et seq., applied to Williby upon his conviction in 2000, and that it comports with the Fourth Amendment. See Alfaro v.…

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