Johnson v. Los Angeles Police Department
Opinion
Lead Opinion
MEMORANDUM **
James Johnson, Jr., a Tennessee state prisoner, appeals pro se from the district court’s judgment in favor of defendants following a bench trial in Johnson’s 42 U.S.C. § 1983 action alleging that defendants used excessive force in violation of the Fourth Amendment, and invaded his privacy in violation of the Fourteenth Amendment. We have jurisdiction under 28 U.S.C. § 1291 . See Leader Nat’l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir.1994) (per curiam). We review the district court’s conclusions of law following a bench trial de novo and its findings of fact for clear error. Twentieth Century Fox Film Corp. v. Entm’t Distrib., 429 F.3d 869 , 879 (9th Cir.2005). We affirm.
The district court did not err in concluding that Johnson failed to demonstrate that defendants used excessive force in arresting him. See Graham v. Connor, 490 U.S. 386, 395-97 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989) (setting forth the objective reasonableness standard). The district court did not err in concluding that Johnson failed to prove by a preponderance of the evidence that defendants invaded his privacy by forging his signature on a medical release form.