Garrettson

Garrettson v. Davis

Good Law
41 F. App'x 107
United States Court of Appeals for the Ninth CircuitJuly 10, 2002No. 00-17154; D.C. No. CV-98-479-RAM-(ECR)California595 words

Opinion

Lead Opinion

MEMORANDUM **

John Roy Garrettson and Donna Kathleen Garrettson appeal the district court’s summary judgment in favor of all defendants on their excessive use of force claims, and the district court’s denial of their motion to amend to add a claim of unlawful interrogation. We review de novo the district court’s grant of summary judgment, Clicks Billiards, Inc. v. Sixshooters, Inc., 251 F.3d 1252, 1257 (9th Cir.2001), and we review for abuse of discretion the district court’s denial of leave to amend. Chappel v. Laboratory Corp., 232 F.3d 719, 725 (9th Cir.2000). We affirm in part, reverse in part, and remand.

The district court dismissed Mrs. Garrettsoris excessive use of force claim based upon its determination that she failed to identify the individual officers responsible for the alleged use of force. In opposition to defendants’ motion for summary judgment, however, Mrs. Garrettson submitted her own deposition testimony, wherein she identified Agent McGuckin as one of three officers who was in the room with her for more than an hour and a half, during which time she complained that the handcuffs were too tight, were causing her pain, and requested that they be loosened. A…

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