Todd

Todd v. Wismar

Good Law
301 F. App'x 699
United States Court of Appeals for the Ninth CircuitNovember 25, 2008No. 07-55335California847 words

Opinion

lead Opinion

MEMORANDUM ***

Appellant Ralph Todd (“Todd”) appeals the district court’s summary judgment grant in favor of Appellees Margorie Bax *701 ter (“Baxter”), Simi Valley Police Officer James Wismar (“Officer Wismar”), and the City of Simi Valley (“City”) (collectively, “Defendants”). Because the parties are aware of the facts, we recount them only to the extent necessary to understand this disposition. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the district court’s grant of summary judgment.

We review the district court’s grant of summary judgment de novo. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). Summary judgment is appropriate only where the record, read in the light most favorable to the non-moving party, indicates that “there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law.” Fed.R.CivJP. 56.

Todd argues that, because Defendants failed to include citations to their Separate Statement of Undisputed Facts and Conclusions of Law (“Separate Statement”) or the supporting declarations of Baxter and Officer Wismar in the Motion for Summary Judgment, the district court was required to deny the…

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