CA2: SPCA workers who seized and spayed and neutered plaintiffs’ animals were acting under state law, but had qualified immunity

“Appeal from a grant of summary judgment for defendants on plaintiff-appellant Jody Fabrikant’s federal constitutional claims, which arose from a search of her property, her arrest on animal abuse charges, and the seizure, spaying and neutering, and fostering of her dogs during the pendency of state criminal proceedings. We conclude that (1) defendants acted under color of state law when they sterilized Fabrikant’s dogs and fostered them out to temporary homes following the animals’ seizure; (2) defendants are nevertheless entitled to qualified immunity on Fabrikant’s due process claims, as their actions did not violate any “clearly established” constitutional or statutory right; and (3) defendants involved in the search and arrest are entitled to summary judgment on Fabrikant’s malicious prosecution, unreasonable search and seizure, and First Amendment retaliation claims because their actions were supported by probable cause. We therefore affirm the district court’s judgment.” Fabrikant v. French, 691 F.3d 193 (2d Cir. 2012).*

After defendant was arrested for child pornography, his computer was left with his girlfriend who the officer questioned to determine her relationship to the computer. Satisfied that she had complete access and had personal files on the computer, too, he obtained her valid consent to search it. United States v. Stanley, 481 Fed. Appx. 335 (9th Cir. 2012).*