Art Tobias v. Daniel East

Good Law
United States Court of Appeals for the Ninth CircuitNovember 9, 202120-55845California2,304 words

Opinion

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 9 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ART TOBIAS, No. 20-55845

Plaintiff-Appellee, D.C. No. 2:17-cv-01076-DSF-AS v.

DANIEL EAST, L.A. School Police Officer, MEMORANDUM* No 959,

Defendant-Appellant,

and

CITY OF LOS ANGELES; et al.,

Defendants.

Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding

Argued and Submitted September 28, 2021 Pasadena, California

Before: WARDLAW and COLLINS, Circuit Judges, and SETTLE,** District Judge. Partial Concurrence and Partial Dissent by Judge COLLINS

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Benjamin H. Settle, United States District Judge for the Western District of Washington, sitting by designation. Officer Daniel East appeals a district court order denying his motion for

summary judgment as to Art Tobias’s deliberate fabrication claim under 18 U.S.C.

§ 1983.…

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