Ogunrinu
Ogunrinu v. City of Riverside
Opinion
Lead Opinion
MEMORANDUM *
Ogunrinu appeals from the district court’s summary judgment adverse to his 42 U.S.C. § 1983 action against Meyer, Lanzillo, the City of Riverside, and the City of Riverside Police Department (together, City). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.
I.
A summary judgment is reviewed de novo. United States v. City of Tacoma, 332 F.3d 574, 578 (9th Cir.2003). Viewing the evidence in the light most favorable to the nonmoving party, we determine whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Id.
Ogunrinu “may not rest upon the mere allegations or denials of [his] pleading, but [his] response ... must set forth specific facts showing that there is a genuine issue for trial.” Fed. R. Civ. P. 56(e). The court “can only consider admissible evidence,” which does not include unauthenticated documents. Orr v. Bank of Am., 285 F.3d 764, 773 (9th Cir.2002) (emphasis added). Ogunrinu failed on both counts.
A ARREST
After Ogunrinu established a prima facie case of unlawful arrest by showing that his arrest was conducted without a search warrant, the burden shifted to…