Katzka

Katzka v. Leong

Good Law
11 F. App'x 854
United States Court of Appeals for the Ninth CircuitApril 5, 2001No. 99-17223; D.C. No. CV-98-20260-SWCalifornia846 words

Opinion

Lead Opinion

*855 MEMORANDUM *

Jurasri Katzka appeals the district court’s grant of summary judgment to the defendants in this Bivens action charging unlawful detention and excessive force in violation of the Fourth Amendment. While U.S. Marshal deputies Keith Leong and Douglas Moscovic executed an arrest warrant for Patrick Katzka at his home, his wife, Jurasri Katzka, attempted to make a telephone call. Deputy Moscovic told her not to make any calls until the deputies were gone, and put his finger on the telephone to prevent her from calling. After she ignored his order, tried to use a different telephone and then struggled with him in an attempt to make a call, he handcuffed her for approximately twenty minutes. She was released, and never charged with any crime, although Deputy Moscovic was advised by the U.S. Attorney’s office that there was sufficient basis to “bring her in.” Mrs. Katzka filed suit, claiming that she suffered physical injuries and distress as a result of this incident. The district court granted the defendants’ motion for summary judgment, determining that the deputies did not violate the Fourth Amendment, and that they are entitled to qualified immunity because a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.