Keith Nash v. Vancouver Police Department

MEMORANDUM

Keith L. Nash appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations arising from an investigatory stop of Nash during the search for an armed burglary suspect. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Ramirez v. City of Buena Park, 560 F.3d 1012, 1019 (9th Cir.2009), and for an abuse of discretion the district court’s decision not to continue summary judgment under Fed.R.Civ.P. 56(f), United States v. Kitsap Physicians Serv., 314 F.3d 995, 1000 (9th Cir.2002). We affirm.

The district court properly granted summary judgment on Nash’s search and seizure claim because, viewing the facts in the light most favorable to Nash, reasonable suspicion supported detaining and frisking him. See Ramirez, 560 F.3d at 1020 (9th Cir.2009) (for brief investigatory stops “the Fourth Amendment is satisfied if the officer’s action is supported by reasonable suspicion”); United States v. Alvarez, 899 F.2d 833, 838 (9th Cir.1990) (use of physical force on a suspect and briefly holding suspect at gunpoint are permissible if, under the circumstances,…