Anthony Beasley v. City of Keizer

MEMORANDUM

Plaintiff Anthony Beasley appeals from the district court’s grant of summary judgment in favor of Defendants. Beasley asserts claims under 42 U.S.C. § 1983 against Deputy District Attorneys Lori Evans and Katie Suver of Marion County (together, the “District Attorneys”), and against Officer Timothy Lathrop, Captain John Teague, Captain Jeff Kuhns, and Sergeant John Troncoso of the Keizer Police Department (collectively, the “Officers”). Beasley alleges Fourth Amendment violations stemming from the 2007 search of his residence and his subsequent arrest, which arose in connection with his undisputed production of hashish oil. The district court granted summary judgment on the ground that, even if there was no probable cause to believe that Beasley had violated state law, there was no Fourth Amendment violation because probable cause existed that Beasley had violated the federal Controlled Substances Act, 21 U.S.C. § 801 et seq. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The relevant Oregon statutes and case law establish that there was no probable cause of a state law violation. Beasley was registered to grow medical marijuana in his home pursuant…