Younes Yassein v. Scott Henderson

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 24, 2025
• Docket: 23-55285
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 24 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

YOUNES YASSEIN, No. 23-55285

Plaintiff-Appellant, D.C. No. 3:21-cv-00892-LL-WVG

v. MEMORANDUM* SCOTT HENDERSON, DEA Task Force Officer; STEVE WALTON, DEA Task Force Officer; VERONICA FERNANDEZ, DEA Task Force Officer; OTHER UNKNOWN DEA AGENTS,

Defendants-Appellees,

and

CITY OF SAN DIEGO; DEREK WINKER,

Defendants.

Appeal from the United States District Court for the Southern District of California Linda Lopez, District Judge, Presiding

Submitted February 18, 2025**

Before: SILVERMAN, WARDLAW, and DESAI, Circuit Judges.

* 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). Younes Yassein appeals pro se from the district court’s summary judgment

in his action brought under Bivens v. Six Unknown Named Agents of Federal

Bureau of Narcotics, 403 U.S. 388 (1971), alleging that Drug Enforcement

Administration task force officers violated his Fourth Amendment rights and used

excessive force. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.

Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We may affirm on any

basis supported by the record. Hell’s Angels Motorcycle Corp. v. McKinley, 360

F.3d 930, 933 (9th Cir. 2004). We affirm.

Summary judgment was proper because the force used on Yassein was

objectively reasonable, and the seizure and search of his luggage was supported by

probable cause. See Graham v. Connor, 490 U.S. 386, 397 (1989) (setting forth the

excessive force objective reasonableness standard); see also United States v. Place,

462 U.S. 696, 701 (1983) (explaining that if law enforcement has probable cause,

they may seize property without a warrant if the exigencies of the circumstances

demand it); Dougherty v. City of Covina, 654 F.3d 892, 987 (9th Cir. 2011)

(discussing the standards for determining probable cause for a search warrant).

We reject as unsupported by the record Yassein’s contentions of judicial

bias.

AFFIRMED.

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