Dennis Eugene McIntyre v. City of Newport Beach

Good Law
38 F.3d 1218·1994 WL 579505·1994 U.S. App. LEXIS 36940
United States Court of Appeals for the Ninth CircuitOctober 21, 199493-56598California725 words

Opinion

Opinion

38 F.3d 1218 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Eugene McINTYRE, Plaintiff-Appellant, v. CITY OF NEWPORT BEACH, et al., Defendants-Appellees. No. 93-56598. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1994. * Decided Oct. 21, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Dennis Eugene McIntyre appeals the district court's summary judgment for the City of Newport Beach and various police officers in his 42 U.S.C. Sec. 1983 action with pendent state claims. We have jurisdiction under 28 U.S.C. Sec. 1291 , and affirm. 3 We review de novo the district court's grant of summary judgment. Taylor v. List, 880 F.2d 1040, 1044 (9th Cir.1989). A grant of summary judgment should be affirmed only if the evidence, read in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Id. 4 McIntyre…

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