Ervin v. Craig

21 F.3d 1112 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James ERVIN, Plaintiff-Appellant, v. Glen CRAIG, Sacramento County Sheriff; Sacramento Police Department, K-9; Wayne Mayhan, Lt. # 12; Sgt Beach, Sgt. # 125; Sgt. Tatosian; Officer Schele; B J Sanders, Defendants-Appellees. No. 92-15018. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1993. * Decided April 22, 1994. Before: TANG, TROTT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 In October of 1989, appellant James Ervin was arrested following a car chase. During the arrest, the police used a dog to subdue him. Ervin claims the police directed the dog to bite and chew on him for an "inordinate" amount of time, kicked him in the stomach while he was compliant, and denied him adequate medical care. Proceeding pro se, Ervin filed this action under 42 U.S.C. Sec. 1983 against employees of the Sacramento City Police Department and Sacramento County Sheriff's Department. 3 The action was…