Vern Lemrick v. Joseph Ward, Gresham City Police, Multnomah County Sheriff Department, Rachel Woods

Good Law
28 F.3d 106·1994 WL 327186·1994 U.S. App. LEXIS 25388
United States Court of Appeals for the Ninth CircuitJuly 8, 199493-35815California655 words

Opinion

Opinion

28 F.3d 106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vern LEMRICK, Plaintiff-Appellant, v. Joseph WARD, Gresham City Police, Multnomah County Sheriff Department, Rachel Woods, et al., Defendants-Appellees. No. 93-35815. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided July 8, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Vern Lemrick appeals pro se the district court's judgment of dismissal after a jury trial rejecting his 42 U.S.C. Sec. 1983 civil rights action. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. 3 Lemrick claims that while driving his car, he was illegally stopped by a police officer who illegally searched his car and who used excessive force in arresting him in violation of the Fourth and Eighth Amendments. At trial, the police officer testified that he stopped Lemrick's car because Lemrick was driving 10 miles per hour below the posted speed limit and was weaving…

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