Zyhere Fichman v. Joseph Mercer

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 17 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ZYHERE L. FICHMAN, No. 21-16452

Plaintiff-Appellant, D.C. No. 3:19-cv-00292-MMD-CLB v.

JOSEPH MERCER, individually and in his MEMORANDUM* official capacity as a Sparks Police Department Officer; CITY OF SPARKS, a municipal corporation,

Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, Chief District Judge, Presiding

Argued and Submitted June 14, 2022 San Francisco, California

Before: BYBEE, CALLAHAN, and COLLINS, Circuit Judges.

Plaintiff-Appellant Zyhere Fichman timely appeals the district court’s grant

of Defendant-Appellee Joseph Mercer’s motion for summary judgment. We have

jurisdiction over Fichman’s appeal under 28 U.S.C. § 1291. After reviewing the

district court’s decision de novo, we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. On the evening of June 2, 2017, police in Sparks, Nevada…