Begley

Begley v. County of Kauai

Good Law
286 F. App'x 961
United States Court of Appeals for the Ninth CircuitJuly 10, 2008Nos. 06-15801, 06-16554California568 words

Opinion

Lead Opinion

MEMORANDUM ***

Mark N. Begley, a police officer, appeals pro se from the district court’s summary judgment and judgment after bench trial in favor of defendants in his 42 U.S.C. § 1983 action concerning an incident involving off-duty police officers. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s grant of summary judgment de novo. Stone v. City of Prescott, 173 F.3d 1172, 1174 (9th Cir. 1999). After a bench trial, we review the district court’s findings of fact for clear error and conclusions of law de novo. Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663, 665 (9th Cir.1996); Thorne v. City of El Segundo, 726 F.2d 459, 468 (9th Cir.1983).

The district court did not err by granting summary judgment to defendants on Begley’s 42 U.S.C. § 1983 claims because Begley failed to raise a triable issue as to whether defendants were acting under color of state law when Begley was allegedly assaulted. See City of Prescott, 173 F.3d at 1174 (“[Ujnder section 1983, plaintiffs must [show] that the officials acted under color of state law to deprive them of a right secured by the federal Constitution or by federal law.”). Contrary to Begley’s contention,…

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