Earnest A. Darden v. City of Berkeley, Berkeley Police Department Officer Rodriguez

12 F.3d 1105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Earnest A. DARDEN, Plaintiff-Appellant, v. CITY OF BERKELEY, Berkeley Police Department; Officer Rodriguez, Defendants-Appellees. No. 92-16953. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Dec. 3, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Earnest A. Darden appeals pro se the district court's summary judgment for the defendants in his 42 U.S.C. Secs. 1983 and 1985 action alleging the use of excessive force by City of Berkeley police officers. Darden also appeals the denial of his motions for further discovery and leave to amend the complaint. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm in part, reverse in part, and remand. 3 Darden, a homeless African American, alleged that he was beaten by City of Berkeley police officers who responded to a call to a convenience store where he was engaged in a scuffle with the store…