Curt-Allen of the Family Byron v. Arlington Police Department
Opinion
Opinion
MEMORANDUM
Curt Allen Byron, aka Curh-Allen of the Family Byron, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various claims arising from a traffic stop and subsequent arrest. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and may affirm on any ground supported by the record, Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm.
The district court properly dismissed plaintiffs unlawful search and seizure claim because plaintiff failed to allege facts demonstrating that defendant Hirotaka’s request for plaintiffs full name, license, registration, and insurance verification during a valid traffic stop, and his subsequent arrest for failure to provide the same, were not “reasonably related in scope to the circumstances which justified” the stop. Hiibel v. Sixth Judicial Dist. Court, 542 U.S. 177, 188-89 , 124 S.Ct. 2451 , 159 L.Ed.2d 292 (2004) (state law authorizing police officer to request name or identification during valid traffic stop, and to arrest persons who fail to comply, is consistent with Fourth…