Hallstein

MEMORANDUM *

Frank Hallstein appeals the summary judgment dismissal of the 42 U.S.C. § 1983 action he brought against Officer David Bohacik and the City of Hermosa Beach alleging that Bohacik’s (1) initiation of an altercation, and (2) subsequent pattern of alleged intimidation in retaliation for Hallstein’s filing of an officer misconduct complaint, including (3) “running” Hallstein’s license plate without probable cause violated Hallstein’s Fourteenth, First, and Fourth Amendment rights, respectively. As the facts are familiar to the parties, we recount them only as necessary to explain our ruling. For the reasons set forth below, we affirm the district court’s dismissal.

1. Substantive Due Process

Hallstein contends that his substantive due process freedom from excessive force was violated when Bohacik screamed at him, challenged him to a fight, and rushed at him.

No Fourth Amendment seizure took place. See California v. Hodari D., 499 U.S. 621, 626 , 111 S.Ct. 1547 , 113 L.Ed.2d 690 (holding that a seizure “requires either physical force ... or, where that is absent, submission to the assertion of authority”). The substantive component of the Fourteenth Amendment’s Due…