Lojas v. Washington
Lojas v. Washington
Opinion of the Court
MEMORANDUM
Michael Lojas and Dian Lynn Lojas appeal the dismissal on summary judgment of their § 1983 suit against the State of Washington, the Washington Department of Fish and Wildlife (WDFW), and Terry L. Ray-Smith, a WDFW officer sued in her official and personal capacities. Because the district court correctly granted summary judgment to the various defendants on Eleventh Amendment and qualified immunity grounds, we affirm.
The § 1983 claim against Officer Ray-Smith in her personal capacity was properly dismissed by the district court on qualified immunity grounds. Regardless of the ultimate constitutionality of Officer Ray-Smith’s actions, she did not violate any clearly-established right of appellants in searching their property or in seizing four deer skulls and a taxidermist log book as suspected contraband. See Pearson v. Callahan, — U.S. -, 129 S.Ct. 808, 818, 172 L.Ed.2d 565 (2009). Officer Ray-Smith’s search was incidental to the execution of a valid drug warrant, and her warrantless seizures were conducted pursuant to two Washington state statutes specifically authorizing such action by WDFW officers. See RCW §§ 77.15.070(1) and 77.15.085. Officer Ray-Smith’s conduct did not “violate clearly established statutory or constitutional rights of which a reasonable person would have known,” Wilson v. Layne, 526 U.S. 603, 609, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) (quotation marks and citation omitted).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.