Nicholas Yarofalchuw v. John Cabrera

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 8 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

NICHOLAS YAROFALCHUW, No. 23-15279

Plaintiff-Appellant, D.C. No. 1:22-cv-00001

v.

MEMORANDUM*

JOHN CABRERA; DANNY FITIAL,

Defendants-Appellees.

Appeal from the United States District Court for the District of the Northern Mariana Islands Ramona V. Manglona, Chief District Judge, Presiding

Argued and Submitted February 13, 2024 Honolulu, Hawaii

Before: PAEZ, M. SMITH, and KOH, Circuit Judges.

Plaintiff Nicholas Yarofalchuw (Plaintiff) appeals the district court’s grant

of summary judgment in favor of Defendant-Appellees Sergeant John Cabrera and

Danny Fitial in his action brought pursuant to 42 U.S.C. § 1983. Because the

parties are familiar with the facts, we do not recount them here, except as

necessary to provide context to our ruling. We have jurisdiction pursuant to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. U.S.C. §1291, and we affirm.

1. The district court…