Dean

Dean v. Baltas

Good Law
49 F. App'x 103
United States Court of Appeals for the Ninth CircuitOctober 7, 2002No. 01-16804; D.C. No. CV-00-00989-PMP/LRLCalifornia404 words

Opinion

Lead Opinion

*104 MEMORANDUM ***

David Dean brought this action in district court, asserting claims under 42 U.S.C. § 1983 and related claims under state lav?". The district court granted summary judgment in favor of the Las Vegas Metropolitan Police Department (“LVMPD”) and Officers Baltas and Richards. Dean appeals.

The action arises from Dean’s arrest and brief incarceration, during which he allegedly suffered severe injuries. The primary deficiency with Dean’s case is that he does not know how he was injured, and proffered no evidence to show how he was injured. His cellmate reported that Dean fell in the cell and hit his head; there is no evidence from any source that any of the officers caused the injury. The district court accordingly was correct in entering summary judgment against Dean on his claims for violation of § 1983 and for battery, intentional infliction of emotional distress, and negligence.

In his opposition to summary judgment, Dean argued for the first time that his arrest had been unlawful. His complaint, however, contains no hint of a claim of false arrest. The district court was not obliged to consider this belatedly raised claim. See Coleman v. Quaker Oats Co., 232…

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