Cross

Cross v. City of Port Orchard

Good Law
27 F. App'x 878
United States Court of Appeals for the Ninth CircuitDecember 13, 2001No. 00=35594. D.C. No. CV-00-05012-RJBCalifornia329 words

Opinion

Lead Opinion

MEMORANDUM **

Jerry Cross appeals from the district court’s grant of summary judgment awarding $5,191.05 in liquidated damages, attorney’s fees, and costs to Officer Dennis McCarthy. The facts and prior proceedings are known to the parties; we will not repeat them here, except as necessary.

The district court properly granted summary judgment to McCarthy on his counterclaims. Cross failed to raise a genuine issue of material fact in opposition to McCarthy’s motion for summary judgment. He did not offer anything contesting his liability under McCarthy’s counterclaims beyond a general denial. Once the movant has made a case for summary judgment, the opposing party cannot rely on general denials but must demonstrate that a genuine issue of material fact exists for trial. FTC v. Gill, 265 F.3d 944, 954 (9th Cir.2001).

The district court did not err by imposing Federal Rule of Civil Procedure 11 (“Rule 11”) sanctions against Cross or by awarding judgment on McCarthy’s Wash. Rev.Code § 4.24.350 counterclaim. Rule 11 provides for penalties that include reasonable attorney’s fees and expenses when a signed pleading filed in federal court is frivolous. Townsend v. Holman Consulting…

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