Williams v. Ramsey
Opinion of the Court
MEMORANDUM
Paul Williams and Daylyn Presley appeal the district court’s summary judgment on qualified immunity in their 42 U.S.C. § 1983 action alleging violation of their Fourth Amendment rights. We have jurisdiction pursuant to 28 U.S.C. § 1291, and affirm for reasons stated in greater detail by the district court.
In sum, to survive summary judgment, Williams and Presley had to show that “without the dishonestly included or omitted information, the magistrate would not have issued the warrant.” Hervey v. Estes, 65 F.3d 784, 789 (9th Cir. 1995), as amended. They faded to do so, because even absent the allegedly false information in the April 10, 2001 affidavit there was probable cause to suspect that
As the April affidavit established probable cause to conduct the searches at issue in this case even without the allegedly false information in that affidavit, the officers are entitled qualified 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.
Reference
- Full Case Name
- Paul WILLIAMS, Plaintiffs—Appellants v. Michael RAMSEY, Defendants—Appellees, and Robert J. Beeler
- Status
- Published