Craig

MEMORANDUM **

Arizona state prisoner Robert Craig, Jr. appeals from the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging a violation of the Fourteenth Amendment, false imprisonment, and negligence. We have juris *125 diction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s granting of summary judgment. United States v. Tacoma, 332 F.3d 574, 578 (9th Cir.2003). We affirm.

Mr. Craig was arrested on a Friday, pursuant to a grand jury indictment which he does not challenge and not brought before a judge until the following Monday, in violation of Arizona Rule of Criminal Procedure 4.1(a).

Before the district court, Mr. Craig specifically argued that the liberty interest at stake was his right to be seen by a judicial officer within twenty-four hours. On appeal, Mr. Craig makes a different argument—that the liberty interest at issue is his right to be free from incarceration. Because the issue of freedom from incarceration was either abandoned or not pursued before the district court, it is not properly before us. See Alaska Airlines, Inc. v. United Airlines, Inc., 948 F.2d 536 , 546 n. 15 (9th Cir.1991) (“It is…