Annan-Yartey

Annan-Yartey v. Harris

Good Law
61 F. App'x 414
United States Court of Appeals for the Ninth CircuitApril 15, 2003No. 02-16505; D.C. No. CV-01-00426-SOMCalifornia261 words

Opinion

Lead Opinion

MEMORANDUM **

Napoleon T. Annan-Yartey appeals pro se the district court’s judgment as a matter of law following a jury verdict in favor of defendants in his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s grant of judgment as a matter of law, LaLonde v. County of Riverside, 204 F.3d 947, 959 (9th Cir.2000), and we affirm.

The district court properly granted defendants judgment as a matter of law because the police officers could have reasonably believed that their conduct in detaining Annan-Yartey was lawful where they had probable cause to believe that Annan-Yartey broke the law. See Marks v. Clarke, 102 F.3d 1012, 1026 (9th Cir.1996).

Similarly, the district court did not err in finding that Annan-Yartey’s detention for almost one hour was reasonable given the fact that the police had to issue two citations to Annan-Yartey, Annan-Yartey’s own actions delayed the investigation, and the police had to verify the bicycle’s serial number with a dispatcher. See United States v. Sharpe, 470 U.S. 675, 686 , 105 S.Ct. 1568 , 84 L.Ed.2d 605 (1985) (holding that determination of whether a detention is too long to be…

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