Billings
Billings v. United States
Opinion
Lead Opinion
Gibson, J.
Florence Billings appeals the district court’s denial of her motion for an order setting aside substitution of the United States in place of defendant Marilyn Quayle, the court’s dismissal of her claims against the United States (as substituted for defendant Marilyn Quayle) and the court’s dismissal of her 42 U.S.C. § 1983 (1988) 1 claims against the federal agents. We have jurisdiction over these claims following their certification for appeal pursuant to Fed.R.Civ.Proc. 54(b). We AFFIRM.
*799 I. BACKGROUND
This case arises from a confrontation between Florence Billings and several Secret Service Agents and San Bernardino Sheriffs Officers while Marilyn Quayle was inspecting earthquake damage in Yucca Valley, California on July 15, 1992. While Ms. Quayle was speaking to members of the public, Secret Service Agents determined that the sign Ms. Billings was carrying was a threat to security and attempted to remove it. When Ms. Billings refused to surrender her sign, a scuffle ensued. The Secret Service Agents handcuffed Ms. Billings, later turning her over to the custody of local Sheriffs officers.
Ms. Billings filed suit in state court alleging various constitutional violations…