Uprc

Peterson v. Union Pacific Railroad

Good Law
480 F. App'x 874
United States Court of Appeals for the Ninth CircuitAugust 3, 201210-56959California297 words

Opinion

Opinion

MEMORANDUM

Plaintiff-appellant Lewis Peterson (“Peterson”) appeals the district court’s grant of summary judgment in favor of defendants-appellees Union Pacific Railroad Company (“Union Pacific”) and Jason Zatt (“Zatt”), a Union Pacific Police Officer. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Peterson alleges that Zatt used excessive force while lawfully arresting him for trespassing. Allegations of excessive force are examined under the Fourth Amendment’s prohibition on. unreasonable seizures, as explained in Graham v. Connor, 490 U.S. 386, 394 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989). Importantly, Peterson has failed to provide medical records supporting his alleged injuries. See Arpin v. Santa Clara Valley Transp. Agency, 261 F.3d 912 , 922 (9th Cir.2001) (“Arpin’s claim of injury is equally unsupported as she does not provide any medical records to support her claim that she suffered injury as a result of being handcuffed.”). Without documentation of injury, his excessive-force claim fails. See id. (denying claim because plaintiff-appellant “failed to meet her burden of proof of providing specific facts to show that the force used was unreasonable or…

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