Fleming

Fleming v. Giles

Good Law
132 F. App'x 168
United States Court of Appeals for the Ninth CircuitMay 19, 2005No. 03-17219California1,106 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Robert P. Fleming appeals from the district court’s grant of summary judgment in favor of the various defendants. We affirm.

1. The district court dismissed without prejudice all claims against Defendants Gilliom, Lutz, and “Halquist” [sic] on the ground that Plaintiff asserted “no color-able grounds for holding these individuals liable.” On appeal Plaintiff fails to address the district court’s reason for the *169 dismissal. Accordingly, the issue has been waived or abandoned. See Entm’t Research Group, Inc. v. Genesis Creative Group, Inc., 122 F.3d 1211 , 1217 (9th Cir.1997) (stating that we review only issues that are “argued specifically and distinctly in a party’s opening brief’); Weston v. Lockheed Missiles & Space Co., 881 F.2d 814, 816 (9th Cir.1989) (holding that issues litigated below but not addressed on appeal are deemed abandoned).

2. The district court dismissed with prejudice the claims against Defendants Giles, Thomas, Humphrey, Gallo, and Merrall under the Federal Tort Claims Act (FTCA) on the ground that the FTCA does not confer jurisdiction over individual defendants. Plaintiffs argument that the conduct, rather than the identity, of…

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