Workman

Workman v. District 13 Tanque Verde Unified School District

Good Law
304 F. App'x 595
United States Court of Appeals for the Ninth CircuitDecember 23, 2008No. 06-15567California1,295 words

Opinion

lead Opinion

MEMORANDUM **

Jeffrey B. Workman appeals pro se from the district court’s judgment for defen *597 dants in his 42 U.S.C. § 1983 action alleging excessive force, due process violations, and various state law claims. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, and vacate and remand in part.

We review de novo the district court’s grant of summary judgment. Devereaux v. Abbey, 263 F.3d 1070, 1074 (9th Cir. 2001) (en banc). On appeal of a judgment following a court trial, we ordinarily review the court’s findings of fact under Federal Rule of Civil Procedure 52(a) for clear error. See Fed.R.Civ.P. 52(a)(6). Where, however, the district court fails to make findings of fact, we review whether the findings that are made are “sufficient to permit meaningful review.” FTC v. Enforma Natural Prods., Inc., 362 F.3d 1204, 1212 (9th Cir.2004) (citation omitted); see also Swanson v. Levy, 509 F.2d 859, 861 (9th Cir.1975).

1. The district court properly granted summary judgment in favor of the School District defendants on Workman’s excessive force claim because there was no evidence, and thus no dispute, that any of these defendants touched Workman or had any control…

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