FILED
NOT FOR PUBLICATION JUL 6 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CHARLES DAVID WILLIAMS, Jr., No. 10-15748
Plaintiff - Appellant, D.C. No. 1:08-cv-00546-AWI-
DLB
v.
PORTERVILLE POLICE MEMORANDUM *
DEPARTMENT and DOMINIC
BARTEAU,
Defendants - Appellees,
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, Chief Judge, Presiding
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Charles David Williams, Jr., a California state prisoner, appeals pro se from
the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
unlawful entry and false arrest. We have jurisdiction under 28 U.S.C. § 1291. We
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
review de novo. Morrison v. Hall, 261 F.3d 896, 900 (9th Cir. 2001). We affirm.
The district court properly granted summary judgment for Officer Barteau
because Williams did not raise a genuine dispute of material fact as to whether
Officer Barteau had consent to enter his residence. See Espinosa v. City and Cnty.
of San Francisco, 598 F.3d 528, 533 (9th Cir. 2010) (consent is an exception to the
Fourth Amendment’s warrant requirement); United States v. Enslin, 327 F.3d 788,
793-94 (9th Cir. 2003) (in order to give valid consent, a third party must have
either actual or apparent authority); see also United States v. Ruiz, 428 F.3d 877,
881 (9th Cir. 2005) (setting forth the requirements for establishing apparent
authority). Nor did Williams raise a genuine dispute of material fact as to whether
Officer Barteau had probable cause to arrest him. See United States v. Lopez, 482
F.3d 1067, 1072 (9th Cir. 2007) (“Probable cause to arrest exists when officers
have knowledge or reasonably trustworthy information sufficient to lead a person
of reasonable caution to believe that an offense has been or is being committed by
the person being arrested.”).
The district court properly granted summary judgment for the City of
Porterville Police Department because Williams did not raise a genuine dispute of
material fact as to whether a constitutional violation had occurred. See Jackson v.
City of Bremerton, 268 F.3d 646, 653-54 (9th Cir. 2001) (“Neither a municipality
2 10-15748
nor a supervisor . . . can be held liable under § 1983 where no injury or
constitutional violation has occurred.”).
Williams’s remaining contentions, including those concerning the
admissibility and credibility of the Melissa Williams declaration, are unpersuasive.
AFFIRMED.
3 10-15748