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Long v. Pend Oreille County Sheriff's Department

United States Court of Appeals, Ninth Circuit
Jun 22, 2010
385 F. App'x 641 (9th Cir. 2010)

Summary

holding that a guardian ad litem was not a state actor for the purposes of § 1983

Summary of this case from Bracey v. Barbour

Opinion

No. 09-35281.

Submitted May 25, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed June 22, 2010.

Patricia A. Long, Newport, WA, pro se.

Christopher Joseph Kerley, Michael Early McFarland, Jr., Evans, Craven Lackie, P.S., Thomas Milby Smith, Esquire, Thomas Milby Smith, Inc. P.S., Paul J. Burns, Paul J. Burns, P.S., Nicole E. Davis, Law Offices of Christian J. Phelps, Spokane, WA, for Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of Washington, Fred Van Sickle, District Judge, Presiding. D.C. No. 2:08-cv-00071-FVS.

Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Patricia A, Long appeals pro se from the district court's summary judgment for defendants in her 42 U.S.C. § 1983 action alleging that, defendants violated her constitutional rights by entering her house to gather documents pursuant to a court order in connection with guardianship proceedings for a previous resident of the house. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Huseman v. Icicle Seafoods, Inc., 471 F.3d 1116, 1120 (9th Cir. 2006). We affirm.

The district court properly granted summary judgment for defendants because Long failed to raise a genuine issue of material fact as to whether sheriffs deputies were acting under the special needs exception to the Fourth Amendment's warrant requirement. See Henderson v. City of Simi Valley, 305 F.3d 1052, 1061 (9th Cir. 2002) (affirming summary judgment for police officers under the special needs exception where, pursuant to a court order, officers accompanied daughter to mother's home to keep the peace while daughter retrieved belongings). Because Long failed to establish that the deputies violated her constitutional rights, summary judgment for the sheriff and the sheriffs department also was proper. See Quintanilla v. City of Downey, 84 F.3d 353, 355-56 (9th Cir. 1996) (plaintiff could not recover on a § 1983 claim against city or police chief absent underlying violation of his constitutional rights).

The district court properly granted summary judgment as to the guardian ad litem and her assistant because, as a matter of law, they are not state actors. See Kirtley v. Rainey, 526 F.3d 1088, 1095-96 (9th Cir. 2003) (a guardian ad litem appointed by a Washington court was not a state actor under § 1983).

The district court did not abuse its discretion by denying Long's request for an extension of time to conduct discovery. Long had been granted an extension previously but had not propounded discovery. See Margolis v. Ryan, 140 F.3d 850, 853-54 (9th Cir. 1998) (upholding denial of Rule 56(f) discovery motion where "appellants failed to identify facts, either discovered or likely to be discovered, that would support their § 1983 claim").

AFFIRMED.


Summaries of

Long v. Pend Oreille County Sheriff's Department

United States Court of Appeals, Ninth Circuit
Jun 22, 2010
385 F. App'x 641 (9th Cir. 2010)

holding that a guardian ad litem was not a state actor for the purposes of § 1983

Summary of this case from Bracey v. Barbour

holding that a guardian ad litem was not a state actor for the purposes of § 1983

Summary of this case from Catudal v. Browne

finding that guardian ad litem was not a "state actor[] for purpose of [42 U.S.C.] § 1983" because "similar to a private attorney's duty to his or her client, a guardian ad litem 'owes his or her undivided loyalty to the minor, not the state.'"

Summary of this case from Arsan v. Keller
Case details for

Long v. Pend Oreille County Sheriff's Department

Case Details

Full title:Patricia A. LONG, Plaintiff-Appellant, v. PEND OREILLE COUNTY SHERIFF'S…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 22, 2010

Citations

385 F. App'x 641 (9th Cir. 2010)

Citing Cases

Sullivan v. City of Marysville

For example, in Long v. Pend Oreille County, the court found that the special needs exception applied to…

Catudal v. Browne

Additionally, various federal courts have held that guardians ad litem are not state actors for the purposes…