Raymond Robinson v. David Rubin

Court of Appeals for the Ninth Circuit · 08-56379 · 2013-05-22 · Unpublished

Raymond ROBINSON, Plaintiff-Appellant, v. David RUBIN; Brian Cornell, Defendants-Appellees

Area: other
Panel: Edward Leavy (author), Thomas, Mary H. Murguia

Analysis

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Opinion

FILED NOT FOR PUBLICATION MAY 22 2013

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

RAYMOND ROBINSON, No. 08-56379 Plaintiff - Appellant, D.C. No. 3:08-cv-00244-DMS- BLM v. DAVID RUBIN; BRIAN CORNELL, MEMORANDUM * Defendants - Appellees.

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding Submitted May 14, 2013 ** Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.

Raymond Robinson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that Judge David Rubin conspired with Officer Brian Cornell to violate Robinson’s due process rights by relying on Cornell’s testimony during a state court infraction proceeding. We have * 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). jurisdiction under 28 U.S.C. § 1291. We review de novo. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). We affirm.

The district court properly dismissed Robinson’s action because defendants are immune from liability. See Mireles v. Waco, 502 U.S. 9, 9, 11-12 (1991) (per curiam) (judges are absolutely immune from suits for damages based on their judicial conduct except when performing nonjudicial functions or acting in the complete absence of jurisdiction); Briscoe v. LaHue, 460 U.S. 325, 342-43 (1983)

(police officers who testify in judicial proceedings are absolutely immune from civil liability).

AFFIRMED.

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