Green

Green v. City of Wenatchee

Good Law
124 F. App'x 583
United States Court of Appeals for the Ninth CircuitMarch 23, 2005No. 04-35097; D.C. No. CV-01-00072-RHWCalifornia416 words

Opinion

Lead Opinion

MEMORANDUM *

Doris Green and her children (collectively Green) appeal the district court’s summary judgment orders on their claims under 42 U.S.C. § 1983 for alleged constitutional violations, and the district court’s rejection of expert testimony regarding what a reasonable police officer should have known and done. We affirm.

While Green makes a number of arguments, this case boils down to the fact that, regardless of what the district court might have dubbed the constitutional standard applied to this kind of fabrication of evidence claim, 1 the evidence in this case is no more impressive than that in our prior decisions, 2 which arose out of the selfsame series of incidents with the same central player — Officer Robert Perez. That being so, summary judgment was clearly proper because no constitutional violation by Per *585 ez was shown.

The above being so, neither former Police Chief Kenneth Badgley, nor the City of Wenatchee could be held liable for a violation of § 1983. See Jackson v. City of Bremerton, 268 F.3d 646, 653-54 (9th Cir. 2001).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as…

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.