Alan Nakamura v. City of Hermosa Beach

MEMORANDUM

Alan Nakamura appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that the defendants violated his Fourth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam). We affirm.

The district court properly granted summary judgment on Nakamura’s unlawful search and arrest claims because his arrest was supported by probable cause. See United States v. Smith, 389 F.3d 944, 950-52 (9th Cir.2004) (allowing a warrantless search incident to a lawful arrest); Cabrera v. Huntington Park, 159 F.3d 374 , 380 (9th Cir.1998) (explaining that a plaintiff must show there was no probable cause to prevail on a section 1983 claim for false arrest).

The district court properly granted summary judgment on Nakamura’s excessive force claim because Officer Jones’s use of force was minimal and objectively reasonable under the circumstances. See Graham v. Connor, 490 U.S. 386, 396 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989) (“Not every push or shove ... violates the Fourth Amendment.”) (citation omitted); Long v. City & County of Honolulu, 511 F.3d 901, 905 (9th…