Padilla

MEMORANDUM **

John Padilla (“Padilla”) appeals the district court’s decision following a bench trial in favor of the City of San Diego, the San Diego Police Department, and Officer Darryl Emerson (“Emerson”). Padilla claims that during a traffic stop Emerson com *965 mitted several common law torts and 42 U.S.C. § 1988 civil rights violations. Padilla challenges (1) the district court’s findings of fact, and (2) its decision that Defendants were entitled to qualified immunity. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm on other grounds the district court’s determination of qualified immunity.

We review for clear error the district court’s findings of fact following a bench trial. Miller v. Clark County, 340 F.3d 959, 963 (9th Cir.2003). Padilla’s reliance on Hagans v. Andrus, 651 F.2d 622 (9th Cir.1981), is misplaced. We have reviewed the record and conclude (1) that the district court’s Nunc Pro Tunc Superseding Findings of Fact and Conclusions of Law are not clearly erroneous; and (2) that the district court did not summarily or improperly adopt the proposed findings of Defendants.

We review de novo whether a defendant is entitled to qualified immunity.…