Bernadine Epling v. Officer Komathy
Opinion
Opinion
MEMORANDUM
Bernadine Smith Epling appeals pro se from the district court’s summary judgment in her 42 U.S.C. § 1983 action alleging false arrest and excessive force. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we. affirm.
The district court properly granted summary judgment on Epling’s excessive force claim because Epling failed to raise a genuine dispute of material fact as to whether defendant’s use of force in handcuffing Epling was unreasonable. See Graham v. Connor, 490 U.S. 386, 396 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989) (an officer is allowed to use reasonable force during an arrest); see also Kennedy v. Allied Mut. Ins. Co., 952 F.2d 262, 266 (9th Cir.1991) (a party cannot create dispute of fact by an affidavit contradicting prior deposition testimony); Arpin v. Santa Clara Valley Transp. Agency, 261 F.3d 912 , 922 (9th Cir.1989) (summary judgment is proper on an excessive force claim arising from application of handcuffs where plaintiff did not provide any medical records to support her claim that she suffered an injury as a result of being handcuffed).