Frank Johnson v. City of Morro Bay

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 17 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANK JOHNSON, No. 21-55666

Plaintiff-Appellant, D.C. No. 2:20-cv-05178-SVW-GJS v.

CITY OF MORRO BAY, a municipal entity; MEMORANDUM* WILL MARVOS, an individual; JEREMY PAINTER, an individual,

Defendants-Appellees,

and

UNKNOWN OFFICERS AND

PERSONNEL OF THE MORRO BAY

POLICE DEPARTMENT; DOES, 2-10,

inclusive,

Defendants.

Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding

Argued and Submitted June 7, 2022 Pasadena, California

Before: M. SMITH, BADE, and VANDYKE, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff asks this court to reverse the district court’s entry of partial summary

judgment in favor of Defendants on his Fourth Amendment unreasonable seizure

claim. The material facts in this case are undisputed, and there is uncontroverted

body camera footage of…