Dempere

Dempere v. City of Tukwila

Good Law
203 F. App'x 759
United States Court of Appeals for the Ninth CircuitOctober 16, 2006No. 05-35631California490 words

Opinion

Lead Opinion

ORDER

The panel has voted to withdraw sua sponte the unpublished memorandum disposition filed May 23, 2006. A memorandum disposition filed concurrently with this order is filed in its place.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R.App. P. 35.

The petition for rehearing en banc is denied.

MEMORANDUM **

Jackie Llinas Dempere appeals pro se from the district court’s judgment in favor of the defendants following a jury trial in Dempere’s 42 U.S.C. § 1983 action alleging use of excessive force during her arrest. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion the district court’s trial management decisions and evidentiary rulings. Navellier v. Sletten, 262 F.3d 923, 941-42 (9th Cir.2001). We affirm.

We do not consider any contentions related to Dempere’s claim that the police lacked probable cause to arrest her for a misdemeanor, because this court’s March 11, 2002 order in case no. 01-35567 affirmed the district court’s order granting summary judgment in favor of defendants on Dempere’s false arrest claim. See Merritt v. Mackey, 932…

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