Brian S. Faile v. Michael Hope Michael Surrick John Does I Through III

70 F.3d 119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brian S. FAILE, Plaintiff-Appellant, v. Michael HOPE; Michael Surrick; John Does I through III, Defendants-Appellees. No. 94-17235. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1995. * Decided Nov. 9, 1995. Before: GOODWIN, PREGERSON, and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Brian S. Faile, a Nevada state prisoner, appeals the district court's summary judgment for defendants in his 42 U.S.C. Sec. 1983 action alleging violations of the Fourth Amendment's guarantee against use of excessive force and unreasonable searches and seizures. Faile also appeals the district court's denial of his request for leave to amend his complaint. We have jurisdiction under 28 U.S.C. Sec. 1291 . 3 After a careful review of the record, we conclude that the district court did not err by granting summary judgment for defendants on Faile's excessive force claim. See Scott v. Henrick, 39 F.3d 912 , 914 (9th…