Copelan

Copelan v. Croasmun

Good Law
84 F. App'x 762
United States Court of Appeals for the Ninth CircuitDecember 10, 2003No. 02-17015; D.C. No. CV-01-0313-HDMCalifornia752 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff-Appellant Howard Copelan appeals an order of the district court granting summary judgment in favor of Defendant-Appellee Randy Croasmun in his suit filed under 42 U.S.C. § 1983 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse. See 28 U.S.C. § 1367 (c)(3) (stating that the district court may decline to exercise supplemental jurisdiction over a claim if the court “has dismissed all claims over which it has original jurisdiction”); Axess Int'l Ltd. v. Intercargo Ins. Co., 183 F.3d 935, 938 (9th Cir. 1999) (exercising jurisdiction pursuant to § 1291 where the district court granted summary judgment on the federal claim and dismissed without prejudice the remaining state law claims).

We must determine, viewing the evidence in the light most favorable to the non-moving party, whether there are any genuine issues of material fact, and whether the district court properly applied the relevant substantive law. Coszalter v. City of Salem, 320 F.3d 968, 973 (9th Cir.2003). Viewing the facts in the light most favorable to Copelan, the execution of the writ in this case satisfies the two-part test set forth in Lugar v. Edmondson Oil Co., 457 U.S.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.