RITSCHEL

Claiming several police officers injured him when they used force to obtain a blood sample after his arrest for driving while under the influence of alcohol, plaintiff Darrell Vincent Ritschel sued defendants City of Fountain Valley and members of its police department. He alleged causes of action for violation of his civil rights under both federal and state law ( 42 U.S.C. § 1983 [section 1983]; Civ. Code, § 52.1, subd. (b)), plus state law claims, including assault and battery. In the first phase of a trifurcated trial, the court found the individual defendants entitled to qualified immunity as to the section 1983 claim. Based on primarily the same evidence, the court granted defendants’ motion for nonsuit and dismissed the remaining state law counts. Plaintiff appeals, challenging the decision on several procedural and substantive grounds. Finding no error, we affirm.

INTRODUCTION

After filing this appeal, plaintiff submitted a notice of his election to proceed on an appendix under California Rules of Court, rule 5.1 without a reporter’s transcript. The one-volume appendix he prepared contains only the second amended complaint, court minute orders, his moving papers…