Dempere

Dempere v. City of Tukwila

Good Law
34 F. App'x 531
United States Court of Appeals for the Ninth CircuitMarch 21, 2002No. 01-35567; D.C. No. CV-00-00628-MJPCalifornia460 words

Opinion

Lead Opinion

MEMORANDUM **

Jackie Llinas Dempere appeals pro se the district court’s summary judgment for defendants in her civil rights action challenging her arrest and prosecution for providing false proof of financial responsibility. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a summary judgment, Balint v. Carson City, 180 F.3d 1047, 1050 (9th Cir.1999) (en banc), and we review for an abuse of discretion the district court’s denial of a motion to amend, Levald, Inc. v. City of Palm Desert, 998 F.2d 680, 691 (9th Cir.1993). We affirm in part and reverse and remand in part.

Dempere contends that the district court erred by granting summary judgment to Officer Victor and Sgt. Richardson on her excessive force claim. We agree.

*533 Dempere provided evidence in support of her opposition to summary judgment that she was grabbed, forced into handcuffs which were secured tightly, and pulled back very hard against a wall. Dempere was already in a small room in the police station with two officers when she was arrested for providing false information regarding her automobile insurance. Under these circumstances, we cannot say as a matter of law that the officers’ actions were…

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