John Brandstetter v. City of Riverside

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 10 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN BRANDSTETTER, No. 23-55739

Plaintiff-Appellant, D.C. No. 5:20-cv-01866-FLA-SHK v.

CITY OF RIVERSIDE; RIVERSIDE MEMORANDUM*

POLICE DEPARTMENT, a public entity; LARRY V. GONZALEZ, Police Chief, individual and official capacity; JOLYNN TURNER, Riverside Police Det.; DOES, 1 through 10, all sued in their individual capacities,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Fernando L. Aenlle-Rocha, District Judge, Presiding

Argued and Submitted September 12, 2024 Pasadena, California

Before: SCHROEDER, R. NELSON, and MILLER, Circuit Judges. Partial Concurrence and Partial Dissent by Judge R. NELSON.

John Brandstetter appeals from the district court’s grant of summary

judgment to the defendants in his action under 42 U.S.C. § 1983 against the City of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.…