Boris Poliksza v. United States of America Secret Service Agent, Charles Brewster

5 F.3d 539 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Boris POLIKSZA, Plaintiff-Appellant, v. UNITED STATES of America; Secret Service Agent, Charles Brewster, et al., Defendants-Appellees. No. 92-15105. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 15, 1993. Decided Aug. 18, 1993. Appeal from the United States District Court for the District of Nevada; No. CV-87-00501-RDF, Roger D. Foley, District Judge, Presiding. D.Nev. AFFIRMED. Before: WALLACE, Chief Judge, and D.W. NELSON and O'SCANNLAIN, Circuit Judges. MEMORANDUM 1 Poliksza appeals from the district court's summary judgment dismissing both his constitutional tort claim against federal agent Brewster and his Federal Tort Claims Act claims against the United States. The district court had jurisdiction pursuant to 28 U.S.C. Secs. 1331 , 1346(b). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 . 2 We review a summary judgment de novo. Nevada Power Co. v.…