Anthony McGee v. Santa Clara County Office of the District Attorney
March 16, 2026·3:24-cv-02608-CRB·Unpublished·By Aisha Johnson
The Ninth Circuit affirmed the dismissal of a pro se civil rights action alleging Fourth and Fourteenth Amendment violations. The court declined to review the district court's grounds for dismissal because the appellant failed to challenge them in his opening brief.
Anthony McGee filed a pro se appeal from a district court judgment dismissing his civil rights action. The underlying case alleged violations of the Fourth and Fourteenth Amendments arising from his arrest, detention, and prosecution.
The court’s reasoning
The Ninth Circuit held that it would not consider the district court’s grounds for dismissal because McGee did not challenge those grounds in his opening brief. The court cited precedent stating that issues not supported by argument in a pro se appellant’s opening brief are deemed abandoned. The panel also rejected McGee’s contention that he requested a stay of proceedings as unsupported by the record.
What it means going forward
The dismissal of the civil rights lawsuit stands, and the appellant’s request for a stay of proceedings is denied.
