Oliver Phillips v. City and County of San Francis

MEMORANDUM

Oliver McFarline Phillips appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional and state law violations in connection with officers’ conduct in detaining him for transport to the hospital. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004). We affirm.

The district court properly granted summary judgment for the City and County of San Francisco on Phillips’s federal claims because Phillips failed to raise a genuine dispute of material fact as to whether the officers’ allegedly unconstitutional conduct conformed to an official policy or custom. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691-92 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978) (setting forth requirements for municipal liability under 42 U.S.C. § 1983 ).

The district court properly granted summary judgment for the individual defendants on Phillips’s Fourth Amendment claim because Phillips failed to raise a genuine dispute of material fact as to the existence of probable cause or the use of unreasonable force. See Blankenhorn v. City of Orange, 485 F.3d 463,…