What is the effect of the Court of Appeal granting qualified immunity to Glover in his search and seizure claim?

MultiRegion, United States of America

The following excerpt is from Mathis v. County of Lyon, 633 F.3d 877 (9th Cir. 2011):

2. The dissent would reach the peculiar result of granting qualified immunity to Glover on the due process issue. He dashed into the decedent's home just before one of the decedent's three sons was to arrive to take care of the property, which he well knew. Glover then removed the property and converted it to his own use, selling some of it. The legitimate purpose of securing the property does not necessitate the removal of the property. It was quite secure in the house. Had notice been given to the sons, and an opportunity to be heard, it is very doubtful that Glover could have removed the property and carried out his plan. The purpose of Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976), would have been well served by the notice and opportunity to respond.

1. I agree with the majority that the district court granted Glover qualified immunity on the Fourth Amendment search and seizure claims. Accordingly, this part of the district court's ruling is not properly before us. See Sanchez v. Canales, 574 F.3d 1169, 1172 (9th Cir.2009) ( The district court's grant of qualified immunity ... is not independently interlocutorily appealable.).

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