Russo

Russo v. Beaton

Good Law
234 F. App'x 725
United States Court of Appeals for the Ninth CircuitJune 22, 2007No. 05-16452California648 words

Opinion

Lead Opinion

MEMORANDUM ***

Gaetano Tom Russo, Jr. (“Plaintiff’), a pro se prisoner, appeals the district court’s grant of summary judgment in his 42 U.S.C. § 1983 action. Plaintiff alleges that officers of the Mesa Arizona Police Department used excessive force when arresting him and were deliberately indifferent to his post-arrest medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001), and affirm.

Reviewing the facts in the light most favorable to the Plaintiff, the record reveals that Plaintiff was suspected of committing an armed robbery. When approached by a police officer, Plaintiff fled and withdrew a .25 caliber pistol. The police officer identified himself as law enforcement and ordered Plaintiff to stop. Plaintiff tossed his gun and continued to run for a short distance. Plaintiff then dropped to his hands and knees. While going to the ground, police tackled Plaintiff to effect the arrest. During this process, one of the officers placed his knee on Plaintiff, breaking Plaintiff’s pinky finger. Plaintiff immediately complained that his finger had been broken. Once Plaintiff was handcuffed, he was transported…

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