Dorina Mateyko, and Raymond Mateyko v. Thomas Felix, Michael Serafin, the City of Los Angeles

Raymond Mateyko sued the City of Los Angeles (the City) and certain of its police officers, asserting violations of his federal civil rights and various pendent state law claims based on alleged excessive use of force. Mateyko appealed the judgment. We affirm.

I.

In Los Angeles on the afternoon of December 18, 1983, defendant officer Thomas Felix stopped Mateyko for crossing a street without stopping for a red traffic light in violation of California Vehicle Code § 21453(d). Mateyko resisted when Felix attempted to issue a citation, and Felix radioed for assistance. Defendant officer Michael Serafín responded to Felix’s request for assistance and used a Taser gun to subdue Mateyko. Mateyko was charged and ultimately convicted of willfully and unlawfully resisting, delaying and obstructing a police officer in the discharge of his duties in violation of California Penal Code § 148.

Mateyko brought this action against the City and officers Felix and Serafín pursuant to 42 U.S.C. § 1983 , alleging Felix and Serafín violated Mateyko’s federally protected rights by using unnecessary force. Mateyko asserted pendent state law claims for assault, battery, negligence and emotional…