Jeffrey Linz v. City of Brea, J. Brakebill, D.R. Gray

19 F.3d 1440 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jeffrey LINZ, Plaintiff-Appellant, v. CITY OF BREA, J. Brakebill, D.R. Gray, et al., Defendants-Appellees. No. 92-56083. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 1, 1994. Decided March 24, 1994. Before: BROWNING, BOOCHEVER AND KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 We review the dismissal of Linz's claims de novo. In re Hawaii Federal Asbestos Cases, 960 F.2d 806, 816 (9th Cir.1992). 3 Linz waived his claim based on being handcuffed too tightly. During Linz's deposition his attorney said that the "claim stops at the point in time after they drew the blood." He objected to questions about the subsequent period which included the time when Linz was allegedly handcuffed too tightly, and said "[w]e are withdrawing that part of the complaint." Linz may not resurrect the handcuffing claim on appeal. 4 The blood test raises more complex issues. When Linz was arrested in 1986, the…