Narrative Opinion Summary
Carl Sperr appeals the district court's dismissal of his Fourth and Sixth Amendment claims and the grant of summary judgment to the City of Spokane on other claims. The court has jurisdiction under 28 U.S.C. § 1291. The appeal is reviewed de novo, and the court affirms the district court's decisions. The dismissal was justified as Sperr's federal claims are barred by res judicata due to a prior state court action, which precludes constitutional claims that could have been raised in that litigation. Additionally, Sperr's appeal concerning the denial of his motion to compel Spokane County to allow inspection of his criminal records was denied appropriately, as Federal Rule of Civil Procedure 34 only applies to parties in litigation. The court found Sperr's remaining arguments to be without merit. The decision is affirmed and deemed not suitable for publication or citation in future cases under Ninth Circuit Rule 36-3.
Legal Issues Addressed
Appellate Review - Standard of Reviewsubscribe to see similar legal issues
Application: The appellate court conducted a de novo review of the district court's decisions, ultimately affirming them.
Reasoning: The appeal is reviewed de novo, and the court affirms the district court's decisions.
Application of Res Judicata in Federal Claimssubscribe to see similar legal issues
Application: The court applied the doctrine of res judicata to bar Sperr's federal claims, as they could have been raised in a prior state court action.
Reasoning: The dismissal was justified as Sperr's federal claims are barred by res judicata due to a prior state court action, which precludes constitutional claims that could have been raised in that litigation.
Federal Rule of Civil Procedure 34 - Scope of Applicationsubscribe to see similar legal issues
Application: Sperr's motion to compel the inspection of criminal records was denied because Rule 34 applies only to parties in the litigation.
Reasoning: Additionally, Sperr's appeal concerning the denial of his motion to compel Spokane County to allow inspection of his criminal records was denied appropriately, as Federal Rule of Civil Procedure 34 only applies to parties in litigation.
Publication and Citation of Judicial Decisionssubscribe to see similar legal issues
Application: The decision in this case is not suitable for publication or citation in future cases under Ninth Circuit Rule 36-3.
Reasoning: The decision is affirmed and deemed not suitable for publication or citation in future cases under Ninth Circuit Rule 36-3.