Schmidt v. King County
Docket: No. 02-35600; D.C. No. CV-01-01397-MJP
Court: Court of Appeals for the Ninth Circuit; March 13, 2003; Federal Appellate Court
Gregory Schmidt appeals the district court’s summary judgment favoring defendants in his 42 U.S.C. § 1983 action, which included claims of constitutional and common law torts stemming from a domestic violence arrest. The appellate court has jurisdiction under 28 U.S.C. § 1291 and conducts a de novo review, ultimately affirming the district court’s decision. The district court granted summary judgment to defendant Young on the malicious prosecution claim, citing Young's absolute immunity for actions performed within the scope of her prosecutorial duties, referencing **Kalina v. Fletcher**. Summary judgment was also granted on the outrage claim, as Schmidt did not provide evidence of extreme conduct, supported by **Grimsby v. Samson**. The negligence claim was dismissed because the defendants had reasonable grounds for the arrest, aligned with **Donaldson v. City of Seattle**. Schmidt's unlawful arrest claim was also rejected due to the presence of probable cause for the arrest, as established in **Bailey v. Newland**, which indicated no constitutional violation occurred, citing **Saucier v. Katz**. Lastly, the equal protection claim was dismissed because Schmidt failed to show any discriminatory intent, referencing **Pers. Adm’r of Massachusetts v. Feeney**. The court finds Schmidt's remaining arguments unmeritorious and affirms the district court's judgment, noting that this disposition is not suitable for publication and cannot be cited in this circuit except as permitted by Ninth Circuit Rule 36-3.