Franklin v. Terr
Franklin v. Terr
Opinion of the Court
MEMORANDUM
George Thomas Franklin appeals the district court’s grant of summary judgment to Eileen Franklin-Lipsker on his 42 U.S.C. § 1983 claim. We affirm. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.
Franklin has failed to allege sufficient facts from which a trier of fact could
Furthermore, we hold that even if there were sufficient evidence of a conspiracy between Franklin-Lipsker and state actors, Franklin-Lipsker cannot be held liable because she is entitled to absolute witness immunity. See Briscoe v. LaHue, 460 U.S. 325, 326, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983). Franklin-Lipsker is not a complaining witness, defined as one “who makes statements in an affidavit submitted to a magistrate [judge] for the purpose of obtaining an arrest warrant.” Cruz v. Kauai County, 279 F.3d 1064, 1068 (9th Cir. 2002). Because Franklin-Lipsker is not a complaining witness, she is entitled to absolute witness immunity.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.