Lockhead
Lockhead v. Weinstein
Opinion
Lead Opinion
MEMORANDUM ***
Plaintiff-appellant Brian Lockhead (Lockhead) appeals summary judgment against him on his 42 U.S.C. § 1983 claim against defendants Debra Weinstein and the Young Women’s Christian Association (YWCA). After being acquitted of the charges of assault and intimidation stemming from Weinstein’s complaint against him, Lockhead sued Weinstein, a YWCA employee. Lockhead argued that Weinstein worked in concert with state authorities to falsely arrest and prosecute him, and therefore that she and the YWCA acted under “color of state law” to violate his federal rights and were hable under § 1983. The district court concluded that Lockhead did not introduce a genuine issue of material fact as to whether Weinstein and the YWCA acted under color of state law.
We review the district court’s grant of summary judgment de novo. Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104, 1108 (9th Cir.2000). We will affirm the decision to grant summary judgment when, reviewing the record as a whole and drawing ah reasonable inferences in favor of the nonmoving party, we find no genuine issue of material fact. Id.