NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL FOLEY, 

Plaintiff-Appellant, 

 v. 

SYLVIA TEUTON; et al., 

Defendants-Appellees, 

and 

CLARK COUNTY DETENTION 

CENTER, 

Defendant.

No. 19-15269 

D.C. No. 2:17-cv-01024-JCM-VCF 

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

James C. Mahan, District Judge, Presiding

Submitted May 6, 2020**

Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges.

Michael Foley appeals pro se from the district court’s judgment dismissing 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

MAY 12 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 19-15269 

his 42 U.S.C. § 1983 action arising out of his arrest and incarceration for failure to 

comply with child support orders. We have jurisdiction under 28 U.S.C. § 1291. 

We review de novo a dismissal for failure to state a claim under Federal Rule of 

Civil Procedure 12(b)(6). Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 

1034, 1040 (9th Cir. 2011). We affirm.

The district court properly dismissed Foley’s claims against defendant 

Teuton because Teuton is entitled to quasi-judicial immunity. See Ashelman v. 

Pope, 793 F.2d 1072, 1075 (9th Cir. 1986) (en banc) (explaining judicial immunity 

and that it applies to “those performing judge-like functions”).

The district court properly dismissed Foley’s claims against defendant 

Wolfson because Wolfson is entitled to prosecutorial immunity. See Meyers v. 

Contra Costa Cty. Dep’t of Soc. Servs., 812 F.2d 1154, 1156-57 (9th Cir. 1987) 

(discussing prosecutorial immunity in the context of dependency proceedings).

The district court properly dismissed Foley’s claims against defendants 

Harris, Bourne and Lombardo because Foley failed to allege facts sufficient to 

state a plausible claim. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) 

(although pro se pleadings are liberally construed, a plaintiff must allege facts 

sufficient to state a plausible claim); Long v. County. of Los Angeles, 442 F.3d 

1178, 1185 (9th Cir. 2006) (elements of a § 1983 claim); see also Engebretson v. 

Mahoney, 724 F.3d 1034, 1039 (9th Cir. 2013) (“[P]rison officials charged with 
3 19-15269 

executing facially valid court orders enjoy absolute immunity from § 1983 liability 

for conduct prescribed by those orders[.]”).

The district court properly dismissed Foley’s claims against defendant 

Grierson because Foley failed to allege facts sufficient to demonstrate Grierson 

personally participated in the violation of any constitutional right. See Maxwell v. 

County. of San Diego, 708 F.3d 1075, 1086 (9th Cir. 2013) (“A supervisor is liable 

under § 1983 for a subordinate’s constitutional violations if the supervisor 

participated in or directed the violations, or knew of the violations and failed to act 

to prevent them.” (citation omitted)).

The district court properly dismissed Foley’s claims against defendant Clark 

County because Foley failed to allege facts sufficient to demonstrate a 

constitutional violation. See Castro v. County of Los Angeles, 833 F.3d 1060, 

1073-76 (9th Cir. 2016) (en banc) (discussing requirements to establish municipal 

liability under Monell v. Department of Social Services, 436 U.S. 658 (1978)).

We do not consider matters not specifically and distinctly raised and argued 

in the opening brief, or arguments and allegations raised for the first time on 

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

We do not consider facts not presented to the district court. See United 

States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990).

Lombardo’s request to take judicial notice of the bench warrant, set forth in 
4 19-15269 

the answering brief (Docket Entry No. 15) is granted.

All other pending requests are denied.

AFFIRMED.