Sergei Portnoy v. City of Woodland , 368 F. App'x 836 ( 2010 )

FILED
NOT FOR PUBLICATION MAR 03 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SERGEI PORTNOY, No. 09-15220
Plaintiff - Appellant, D.C. No. 2:07-cv-02526-JAM-
JFM
v.
CITY OF WOODLAND; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted February 16, 2010
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Sergei Portnoy appeals pro se from the district court’s judgment dismissing
his 42 U.S.C. § 1983 action alleging civil rights violations in connection with his
*
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).
IL/RESEARCH
09-15220
arrest. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.
Holcombe v. Hosmer, 477 F.3d 1094, 1097 (9th Cir. 2007). We affirm.
The district court properly dismissed the claims against the district attorney
who made the decision to prosecute Portnoy because that decision is protected
under the doctrine of absolute prosecutorial immunity. See Kalina v. Fletcher, 522
U.S. 118, 129 (1997)
The district court properly dismissed the Fourth Amendment claims that
police officers lacked probable cause to arrest Portnoy because the record
establishes that he had a full and fair opportunity to litigate that issue at his
preliminary hearing; consequently he is collaterally estopped from re-litigating this
issue in a subsequent action. See Haupt v. Dillard, 17 F.3d 285, 288-90 (9th Cir.
1994) (concluding that a full and fair opportunity to litigate probable cause to
arrest at preliminary hearing in a criminal case collaterally estops re-litigation of
that issue in a subsequent action).
Portnoy’s remaining contentions are unpersuasive.
Appellee’s request for judicial notice of the criminal information in
Portnoy’s criminal case is granted.
AFFIRMED.
IL/RESEARCH
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