Annan-Yartey

Annan-Yartey v. Honolulu Police Dept.

Good Law
351 F. App'x 243
United States Court of Appeals for the Ninth CircuitNovember 5, 2009No. 08-16221California1,598 words

Opinion

Lead Opinion

MEMORANDUM **

Napoleon T. Annan-Yartey appeals from a district court judgment in favor of Officer Pierre, City Defendants and Private Defendants 1 on his claims under 42 U.S.C. § 1983 and related state laws following an incident in which he was arrested by the Honolulu police. We have jurisdiction under 28 U.S.C. § 1291 . We conclude that Annan-Yartey’s numerous contentions lack merit We affirm.

The facts of the case are known to the parties, and we do not repeat them below.

I

Annan-Yartey argues that the district court erred in dismissing or granting summary judgment on most of his claims. 2 We review de novo and may affirm on any basis supported by the record. See Adams v. Johnson, 355 F.3d 1179, 1183 (9th Cir.2004) (12(b)(6) dismissal); Enlow v. Salem-Keizer Yellow Cab Co., 389 F.3d 802, 811 (9th Cir.2004) (summary judgment).

§ 1933 Claims against Officer Pierre

The district court correctly granted summary judgment in favor of Officer Pierre on the § 1983 claims. As to Count 1 (§ 1983 — arrest), the record indicates that Officer Pierre had probable cause to arrest Annan-Yartey, and he did not use excessive force in arresting Annan-Yartey. See Gregory v. County of Maui,…

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