Washburn

Washburn v. Fagan

Good Law
331 F. App'x 490
United States Court of Appeals for the Ninth CircuitMay 26, 2009Nos. 06-16806, 08-15537California1,555 words

Opinion

Lead Opinion

MEMORANDUM *

James Henry Washburn (Washburn) brought suit against Officer Alex Fagan (Fagan), Officer Walter Contreras (Contreras), and the City and County of San Francisco (the City), alleging liability arising out of his arrest on January 27, 2002.

Washburn alleged that Fagan and Contreras were liable for false arrest and excessive use of force under 42 U.S.C. § 1983 and state law; he also brought a claim against the City under § 1983 for policies, customs, and practices that allegedly resulted in the officers’ use of excessive force. The district court granted summary judgment for the officers on both the false arrest claim and on other claims not relevant to this appeal, and it later granted summary judgment for the City on Washburn’s claim that he was injured by an unconstitutional City policy, custom, or practice concerning the use of excessive force. Washburn’s remaining claims went *492 to trial. After the close of evidence, the district court granted Defendants’ motion under Federal Rule of Civil Procedure 50(a) and rendered judgment as a matter of law on Washburn’s claim that the officers were liable for civil rights violations under California’s Bane Act, Cal.…

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