Sibrian v. San Bernardino County Ex Rel. San Bernardino County Sheriff's Department

MEMORANDUM

Maria Sibrian, Gebin Sibrian and W. Sibrian, by and through her guardian ad litem Maria Sibrian, appeal the district court’s grant of summary judgment to the San Bernardino and Pomona defendants on the basis of qualified immunity.

The district court did not err in holding that the San Bernardino County and Pomona defendants were entitled to qualified immunity based on their reasonable belief that the warrant authorized a search of the Sibrians’ residence. It was reasonable for the defendants to rely on DeBoer’s information to obtain the warrant because she was a known informant who explained the basis for her knowledge, cf. United States v. Rowland, 464 F.3d 899, 907-08 (9th Cir.2006), and her story was corroborated by items found in her car, see Illinois v. Gates, 462 U.S. 213, 244 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). Moreover, a magistrate judge agreed that De-Boer’s information provided probable cause to search the Sibrians’ residence, which is “the clearest indication that the officers acted in an objectively reasonable manner.” Messerschmidt v. Millender, — U.S. —, 132 S.Ct. 1235, 1245 , 182 L.Ed.2d 47 (2012).

holding that the Pomona defendants did not…