Abdel Ellawendy v. Jason Takagaki

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 16 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ABDEL FATAH ELLAWENDY, No. 22-16980

Plaintiff-Appellant, D.C. No. 3:21-cv-05273-WHO

v.

MEMORANDUM*

JASON TAKAGAKI; CHRISTINE

WORMUTH, in her official capacity as Secretary of the United States Department of the Army,

Defendants-Appellees,

and

DEPARTMENT OF THE ARMY;

PRESIDIO OF MONTEREY POLICE

DEPARTMENT,

Defendants.

Appeal from the United States District Court for the Northern District of California William Horsley Orrick, District Judge, Presiding

Argued and Submitted April 10, 2025 Pasadena, California

Before: CALLAHAN, DESAI, and DE ALBA, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Abdel Ellawendy (“Ellawendy”) appeals the district court’s grant of Officer

Jason Takagaki’s (“Officer Takagaki”) motion to dismiss under Federal Rule of

Civil Procedure 12(b)(6). Ellawendy brought a claim against Officer Takagaki

pursuant to Bivens v. Six Unknown…