Elgin Haynie v. County of Los Angeles Los Angeles County Sheriff Lee Baca David Mertens Jensen, Deputies, in Their Personal and Official Capacities

Good Law
2003 Daily Journal DAR 9005·339 F.3d 1071·2003 WL 21911183·2003 Cal. Daily Op. Serv. 7200·2003 U.S. App. LEXIS 16437
United States Court of Appeals for the Ninth CircuitAugust 12, 200301-55731California3,073 words

Opinion

Opinion

Brunetti, J.

In this appeal, we consider whether the district court erred by granting summary judgment for the appellees-defendants on all counts in appellant Elgin Haynie’s complaint, which included state law issues and claims of 42 U.S.C. § 1983 and 42 U.S.C. § 1985 violations. We find that the district court did not err in granting summary judgement on all the claims and accordingly affirm.

I.

On July 1, 1999, Los Angeles County Deputy Sheriff David Mertens was on routine patrol in La Crescenta, California. An identified citizen reported to the sheriffs department that she had seen three Asian teenagers carrying guns or squirt guns enter a late model blue Ford van. Deputy Mertens received an official notification that an identified citizen had seen three Asian men with guns enter an older model blue Ford van in the area where Deputy Mertens was patrolling. Within minutes of receiving the report,. Deputy Mertens saw and began following an older model blue Ford van. The van had a broken taillight and the license plate was not clearly legible. Deputy Mertens turned on his flashing red lights, but the van did not yield. The driver made movements that were not consistent with mere ly driving.…

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