Labankoff

MEMORANDUM **

Fred G. Labankoff and his mother Swetlana Labankoff appeal pro se from the district court’s judgment in favor of defendants in their 42 U.S.C. § 1983 action aris *464 ing out of the arrest of Mr. Labankoff for elder abuse by the Santa Rosa Police Department. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s decision on motions to dismiss and motions for summary judgment, Harper v. San Diego Transit Corp., 764 F.2d 663, 665-66 (9th Cir.1985), and we review for clear error a district court’s findings of fact following a bench trial, Lentini v. Cal. Ctr. for the Arts, 370 F.3d 837, 843 (9th Cir.2004). We affirm.

The district court properly dismissed the claims against the Sonoma County defendants, Santa Rosa Memorial Hospital, St. Joseph Health System, the City of Santa Rosa, the Santa Rosa Police Department, Police Chief Flint, and Deputy Sheriff Borrusso for the reasons stated in its December 3, 2004, December 16, 2004, and December 22, 2004 orders. The district court properly granted summary judgment to retired Santa Rosa Police Chief Michael Dunbaugh because Labankoff failed to raise a genuine issue of material fact as to whether…