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Ioane v. California Board of Equalization
Citation: 19 F. App'x 579Docket: No. 00-16803; D.C. No. CV-00-20199-JW
Court: Court of Appeals for the Ninth Circuit; September 20, 2001; Federal Appellate Court
Michael Scott Ioane and the Stenshoel family appeal the district court's dismissal of their civil rights action, which alleged improper searches and seizures of property requested by California's Franchise Tax Board and Board of Equalization. The appellate court has jurisdiction under 28 U.S.C. § 1291 and reviews the dismissal de novo. The court affirms the district court's decision, noting that although the initial notice of appeal was signed only by Ioane and two Stenshoels, subsequent signatures from the other family members validated their participation in the appeal. Ioane lacks standing to challenge searches and seizures at the Cade Company prior to April 10, 1998, as he did not become a trustee until that date, and Fourth Amendment rights cannot be asserted vicariously. Additionally, Ioane cannot claim violations concerning searches at the Stenshoels’ residences. The court affirms the dismissal of the Stenshoels’ claims based on the district court’s prior reasoning. Other arguments presented by the appellants are deemed without merit. All pending motions, including Ioane’s motion for reconsideration, are denied, and the decision is affirmed without publication.