Gregory Duvall v. City of Santa Monica

42 F.3d 1399 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gregory DUVALL, Plaintiff-Appellant, v. CITY OF SANTA MONICA, Defendant-Appellee. No. 93-56548. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 3, 1994. Decided Dec. 7, 1994. 1 Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, * District Judge. 2 MEMORANDUM ** 3 * Gregory DuVall (DuVall) appeals the district court's summary judgment in favor of the City of Santa Monica (City) in his civil rights suit against the City for breaking into his home without a warrant, taking him into custody, and allegedly using excessive force by having a police dog attack him. We affirm the district court's decision. II 4 DuVall's appeal involves only the City's liability for the actions of its officers, as all individual defendants were dismissed with prejudice on DuVall's motion. To prevail on a 42 U.S.C. Sec. 1983 claim against the City, DuVall must show: (1) the officers violated his…