Chapman

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 18 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRED DEVINE, No. 21-16207

Plaintiff-Appellant, D.C. No. 2:19-cv-05745-SMB-

MTM

v.

CHAPMAN, Unknown; et al., MEMORANDUM*

Defendants-Appellees,

and

PHOENIX POLICE DEPARTMENT; et al.,

Defendants.

Appeal from the United States District Court for the District of Arizona Susan M. Brnovich, District Judge, Presiding

Submitted July 12, 2022**

Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges.

Fred Devine appeals pro se from the district court’s summary judgment in

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). his 42 U.S.C. § 1983 action alleging excessive force in connection with his arrest.

We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Toguchi v.

Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We…