Dennis Duane Hunt v. City and County of San Francisco

29 F.3d 632 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dennis Duane HUNT, Plaintiff-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants-Appellees. No. 93-16826. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided June 30, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Dennis D. Hunt appeals pro se the district court's summary judgment in favor of the defendants in this 42 U.S.C. Sec. 1983 action. Hunt alleged that his Fourth Amendment rights were violated because he was arrested without probable cause. We review de novo, Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986, and we affirm. 3 * Hunt contends that the defendants should have been collaterally estopped from relitigating the legality of his arrest. 1 We disagree. 4 The party seeking to assert collateral estoppel has the burden of pleading and proving that estoppel applies. Hernandez v. City of Los Angeles, 624 F.2d 935, 937…