Michael Williams v. Kerry Ruesch

FILED
NOT FOR PUBLICATION OCT 07 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MICHAEL LEON WILLIAMS, No. 09-15322
Plaintiff - Appellant, D.C. No. 2:07-cv-01020-HDM-
GWF
v.
KERRY RUESCH, Metro Police Officer; MEMORANDUM *
et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Howard D. McKibben, District Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N. R. SMITH, Circuit Judges.
Michael Leon Williams, a Nevada state prisoner, appeals pro se from the
district court’s order denying him leave to amend the complaint in his 42 U.S.C.
§ 1983 action alleging that a police officer presented perjured testimony to a grand
*
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).
09-15322
jury, causing Williams’s indictment on criminal charges that were later dismissed.
We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of
discretion the denial of leave to amend. Halet v. Wend Inv. Co., 672 F.2d 1305,
1310 (9th Cir. 1982). We may affirm on any basis supported by the record. Zuress
v. Donley, 606 F.3d 1249, 1252 (9th Cir. 2010). We affirm.
The district court did not abuse its discretion by denying Williams leave to
amend his complaint because amendment would have been futile. The defendant
police officer is entitled to absolute immunity because he did not function as the
complaining witness in the criminal case against Williams. See McSherry v. City
of Long Beach, 584 F.3d 1129, 1147 n.2 (9th Cir. 2009) (police officer defendant
absolutely immune from § 1983 liability for allegedly perjured testimony where
the complaining witness in the underlying criminal case was the victim). The
deputy district attorneys whom Williams sought to name in his Second Amended
Complaint also enjoyed absolute immunity. See Imbler v. Pachtman, 424 U.S.
409, 410 (1976) (prosecutor absolutely immune from § 1983 liability in action
alleging he knowingly used false testimony at trial).
Williams’s remaining contentions are unpersuasive.
AFFIRMED.
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