Denk

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 17 2025

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

SAMUEL DENK, No. 23-2675 Plaintiff-Appellee, D.C. No. 2:20-cv-00818-ROS-ASB v.

MEMORANDUM*

MATTHEW MILLER, Sgt. #8937, Defendant-Appellant, and CITY OF PEORIA, a public entity, ARTHUR MILLER, in his official capacity as Chief of Police for the City of Peoria, UNKNOWN MILLER, named as Jane Doe Miller, Defendants.

Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding Argued and Submitted September 13, 2024 Phoenix, Arizona

Before: RAWLINSON and COLLINS, Circuit Judges, and FITZWATER,** District Judge.

Plaintiff-Appellee Samuel Denk brought this action under 42 U.S.C. § 1983

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation. alleging, inter alia, that Defendant-Appellant Sergeant…