alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Gregory SCHMIDT, Plaintiff-Appellant, v. KING COUNTY; et al., Defendants-Appellees.

No. 02-35600.

D.C. No. CV-01-01397-MJP.

United States Court of Appeals, Ninth Circuit.

Submitted March 10, 2003.*

Decided March 14, 2003.

Before CANBY, O’SCANNLAIN, and T.G. NELSON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Gregory Schmidt appeals pro se the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1983 action, which alleged constitutional and common law torts arising from an arrest for domestic violence. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, *Arpin v. Santa Clara County Transp. Agency,*261 F.3d 912, 919 (9th Cir.2001), and we affirm.

The district court properly granted defendant Young summary judgment on the malicious prosecution claim because Young was entitled to absolute immunity. *See Kalina v. Fletcher,*522 U.S. 118, 124-26, 118 S.Ct. 502, 139 L.Ed.2d 471 (1997) (prosecutor entitled to absolute immunity for actions taken while acting within the scope of her duties preparing for the initiation of judicial proceedings or for trial).

The district court properly granted summary judgment to defendants on the claim of outrage because Schmidt failed to provide evidence of sufficiently extreme actions. *See Grimsby v. Samson,*85 Wash.2d 52, 530 P.2d 291, 295 (Wash.1975).

The district court properly granted summary judgment on Schmidt’s negligence claim because the defendants had reasonable grounds for the arrest. *See Donaldson v. City of Seattle,*65 Wash.App. 661, 831 P.2d 1098, 1103 (Wash.Ct.App.1992).

The district court properly granted summary judgment to defendants on the unlawful arrest claim because there was probable cause for the arrest, *see Bailey v. Newland,*263 F.3d 1022, 1031 (9th Cir. 2001), and therefore no constitutional right could have been violated, *Saucier v. Katz,*533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001).

The district court properly granted defendants summary judgment on Schmidt’s equal protection claim because Schmidt failed to provide evidence demonstrating discriminatory purpose. *See Pers. Adm’r of Massachusetts v. Feeney,*442 U.S. 256, 279, 99 S.Ct. 2282, 60 L.Ed.2d 870 (1979).

*368Schmidt’s remaining contentions lack merit.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-50132

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE LUIS NAJERA-GUTIERREZ, also

known as Jaime Pacheco-Rosales, also

known as Ismael Lopez, also known as

Jaime Rosales, also known as Oscar 

Lopez-Garcia,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. SA-97-CR-274-1

- - - - - - - - - -

October 21, 1998

Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.

PER CURIAM:*

Counsel for José Luis Najera-Gutierrez moves to withdraw and

has filed a brief pursuant to Anders v. California, 386 U.S. 738

(1967). The motion to withdraw is granted and counsel is

relieved of further responsibilities herein. In his plea

agreement, Najera waived his right to appeal. The appeal is

therefore dismissed. United States v. Hoctel, 154 F.3d 506 (5th

Cir. Sept. 11, 1998, No. 97-50916) slip op. at 5733-34, 1998 WL

611106. 5TH CIR. R. 42.2.