Saban v. Lake Oswego Police Department

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

CINDY SABAN, JEFFREY DEAN No. 3:19-cv-01882-JR

SABAN, and COREY SABAN,

ORDER

Plaintiffs, v.

LAKE OSWEGO POLICE DEPARTMENT and MARK ANDERSON,

Defendants.

HERNÁNDEZ, District Judge:

Magistrate Judge Russo issued a Findings and Recommendation on May 19, 2021, in which she recommends that this Court grant Defendants’ Motion for Summary Judgment and enter judgment dismissing this case. F&R, ECF 26. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Plaintiffs filed timely objections to the Magistrate Judge’s Findings & Recommendation. Pls. Obj., ECF 28. When any party objects to any portion of the Magistrate Judge’s Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge’s report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).

The Court has carefully considered Plaintiffs’ objections and concludes that there is no basis to modify the Findings & Recommendation. Defendants are entitled to qualified immunity. See Malley v. Briggs, 475 U.S. 335, 344–45 (1986) (“Only where the warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable will the shield of immunity be lost.”); Messerschmidt v. Millender, 565 U.S. 535, 536–47 (2012) (“[W]e have recognized an exception allowing suit when it is obvious that no reasonably competent officer would have concluded that a warrant should issue.” (internal quotation and citation omitted)). The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Findings & Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Russo’s Findings and Recommendation [26].

Therefore, Defendants’ Motion for Summary Judgment [17] is GRANTED and this case is dismissed.

IT IS SO ORDERED.

DATED: __O__c_t_o_b_e_r_ 3_0_,_ 2__0_2_1______.

___________________________

MARCO A. HERNÁNDEZ

United States District Judge