Ernest J. Franceschi, Jr. v. The City of Seal Beach Seal Beach Police Department

5 F.3d 536 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ernest J. FRANCESCHI, Jr., Plaintiff-Appellant, v. The CITY OF SEAL BEACH; Seal Beach Police Department, Defendants-Appellees. No. 92-55529. United States Court of Appeals, Ninth Circuit. Submitted Aug. 31, 1993. * Decided Sept. 7, 1993. Appeal from the United States District Court for the Central District of California; No. CV-91-3539-SVW, Stephen V. Wilson, District Judge, Presiding. C.D.Cal. AFFIRMED. Before TANG, CANBY and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Ernest Franceschi, an attorney, appeals pro se from the district court's grant of summary judgment to the City of Seal Beach, California and the Seal Beach Police Department in his action under 42 U.S.C. Sec. 1983 . We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. I. Fourth Amendment Claim 3 Because Officer Chauncey did not arrest Franceschi upon citing him, the Fourth Amendment required only that an "articulable and reasonable…