De Luna v. Farris

Good Law
841 F.2d 312·1988 U.S. App. LEXIS 2886
United States Court of Appeals for the Ninth CircuitMarch 9, 198886-2750California2,641 words

Opinion

Opinion

841 F.2d 312 Pedro DE LUNA, Jr., Plaintiff-Appellant, v. FARRIS, Sgt., Peace Officer at Arizona Police Dept.; Officer Grimmett, Police Officer at Arizona Police Dept.; Officer Ahumaoa, Peace Officer at Arizona Police Dept., Defendants-Appellees. No. 86-2750. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1987 * . Decided March 9, 1988. J. Douglas McVay, Phoenix, Ariz., for plaintiff-appellant. Katherine E. Baker, Phoenix, Ariz., for defendants-appellees. Appeal from the United States District Court for the District of Arizona. Before ANDERSON, FERGUSON and NOONAN, Circuit Judges. J. BLAINE ANDERSON, Circuit Judge: 1 Pedro De Luna, Jr. (De Luna) appeals from the district court's grant of Farris's motion for summary judgment based upon a claim that De Luna's 42 U.S.C. Sec. 1983 action was barred by the statute of limitations. We affirm. 2 The essence of De Luna's Sec. 1983 action was that three Phoenix police officers (Farris) used unnecessary force (beat and hog-tied him) in arresting him for armed robbery in Phoenix on June 7, 1983. 1 As a result of this, a preexisting leg injury was aggravated and De Luna experienced several medical problems and operations on…

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