9th Cir.
12-35404

The court of appeals affirmed a district court judgment. The court held that F.R.Civ.P. 56 bars a district court from granting a motion for summary judgment by default based upon a local court rule when an opposing party has failed to respond. The court held further that, on the merits, a prosecutor enjoyed prosecutorial immunity for his decision to prosecute an airline passenger based on an altercation that the passenger had with flight attendants on an airline flight.