Lowerison

Lowerison v. County of San Diego

Good Law
26 F. App'x 720
United States Court of Appeals for the Ninth CircuitJanuary 17, 2002No. 00-55918; D.C. No. CV-99-00054-IEGCalifornia837 words

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…

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.