Lowerison
Lowerison v. County of San Diego
Opinion
Lead Opinion
MEMORANDUM *
Appellant Garry J. Lowerison (“Lowerison”) appeals the district court’s grant of summary judgment in favor of Appellees, the County of San Diego (“County”) and Sheriffs Deputy William Yavno (“Yavno”), on Lowerison’s 42 U.S.C. § 1983 and state law claims. Lowerison’s claims are predicated on a traffic stop initiated by Yavno. Lowerison contends that Yavno used ex *722 cessive force by applying handcuffs too tightly. The district court also refused to grant Lowerison’s third request for additional discovery.
Excessive Force
Lowerison admitted that Yavno did nothing to hurt him “physically as far as pain goes,” and that Yavno only touched him and guided him. Lowerison complained to Yavno about tight handcuffs only one time, while Yavno was driving to the station. Lowerison failed to raise a genuine issue of material fact regarding excessive force, and thus the district court properly granted Appellees’ motion for summary judgment. Little v. Windermere Relocation, Inc., 265 F.3d 903, 915 (9th Cir.2001).
False Arrest
Lowerison asserts a false arrest claim, on the basis that Yavno lacked probable cause for Lowerison’s arrest. Lowerison is collaterally estopped from…