David Demarest v. City of Vallejo

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID P. DEMAREST, No. 20-15872 Plaintiff-Appellant, D.C. No. v. 2:16-cv-02271-

MCE-KJN

CITY OF VALLEJO, California, a municipality and charter city; JODI BROWN, Police Officer, as an OPINION individual and in official capacity; JEFF TAI, Police Officer, as an individual and in official capacity; HERMAN ROBINSON, Police Officer, as an individual and in official capacity, Defendants-Appellees,

and

JOSEPH KREINS, Former Police Chief, as an individual and in official capacity; ANDREW BIDOU, Police Chief, in official capacity, Defendants.

Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., District Judge, Presiding Argued and Submitted May 13, 2021 San Francisco, California

Filed August 16, 2022

Before: J. Clifford Wallace, Jacqueline Nguyen, and Daniel P. Collins, Circuit Judges.

Opinion by Judge Collins

SUMMARY *

Civil Rights

The panel affirmed the district court’s summary judgment for defendants in an action brought pursuant to 42 U.S.C. § 1983 alleging that plaintiff’s…