Russell Smith v. A. Phillip and D. Love

Good Law
24 F.3d 249·1994 WL 185593·1994 U.S. App. LEXIS 18858
United States Court of Appeals for the Ninth CircuitMay 13, 199493-15993California643 words

Opinion

Opinion

24 F.3d 249 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Russell SMITH, Plaintiff-Appellant, v. A. PHILLIP and D. Love, Defendants-Appellees. No. 93-15993. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 13, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Russell Smith appeals pro se the district court's summary judgment in favor of Las Vegas police officers A. Phillip and D. Love in Smith's 42 U.S.C. Sec. 1983 action alleging that Phillip and Love made false allegations that Smith threatened to use deadly force during a 1992 robbery. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. 3 The district court's grant of summary judgment is reviewed de novo. Smolen v. Deloitte, Haskins & Sells, 921 F.2d 959, 963 (9th Cir.1990). Summary judgment is proper if the evidence, read in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue of material fact,…

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