Fred Devine v. Phoenix Fire Department

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 29 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRED DEVINE, No. 23-15192

Plaintiff-Appellant, D.C. No. 2:19-cv-05745-SMB-

MTM

v.

PHOENIX FIRE DEPARTMENT, Named as MEMORANDUM* Phoenix Fire Department, et al.; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Susan M. Brnovich, District Judge, Presiding

Submitted March 26, 2024**

Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.

Fred Devine appeals pro se from the district court’s summary judgment in

his 42 U.S.C. § 1983 action alleging excessive force under the Fourth Amendment.

We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Toguchi v.

Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The district court properly…