James Zuegel v. Marco Garcia

NOT FOR PUBLICATION FILED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

JAMES R. ZUEGEL, No. 22-17021

Plaintiff-Appellant, D.C. No. 5:21-cv-07538-BLF

v.

MEMORANDUM*

MARCO GARCIA, Officer; PATRICK WARD, Officer; BRITTON MOORE, Officer; CITY OF MOUNTAIN VIEW,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Beth Labson Freeman, District Judge, Presiding

Argued and Submitted February 12, 2024 San Francisco, California

Before: MILLER, BADE, and VANDYKE, Circuit Judges.

James Zuegel appeals from the dismissal of his second 42 U.S.C. § 1983

action arising from his May 2015 arrest, which was also the basis for his first

§ 1983 action.1 Zuegel challenges the district court’s determination that his Fourth

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1 We address Zuegel’s claims in his first § 1983 action in a separate disposition, Zuegel v. Mountain View Police Department, No. 21-16277.…