The opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 16 2025
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
EVALYN MARTINEZ, No. 24-4419
D.C. No.
Plaintiff - Appellant, 2:23-cv-09491-SVW-SK
v.
MEMORANDUM*
CITY OF LOS ANGELES; K. PINA,
Officer; S. BEUMER, Officer,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted July 14, 2025**
Pasadena, California
Before: WARDLAW, MENDOZA, and JOHNSTONE, Circuit Judges.
Plaintiff Evalyn Martinez appeals from the district court’s (1) grant of
summary judgment to Defendants Steven Beumer and Karen Pina-Ruiz on her
Fourth Amendment claims for excessive force and failure to intervene under 42
*
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).
U.S.C. § 1983; (2) denial of leave to amend her complaint to add claims for
unlawful entry and warrantless detention; and (3) denial of her motion for
reconsideration. We review the grant of summary judgment de novo, Cortez v.
Skol, 776 F.3d 1046, 1050 (9th Cir. 2015), and the denial of leave to amend and
reconsideration for abuse of discretion, Palm v. L.A. Dep’t of Water & Power, 889
F.3d 1081, 1085 (9th Cir. 2018). We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
1. The district court did not err in its treatment of the testimony from
Martinez’s expert, Charles Stephenson. Martinez identifies no specific instance in
which the district court failed to consider Stephenson’s conclusion that Beumer
“took tactical command of the scene and created a volatile situation.” And the
district court properly excluded Stephenson’s conclusion that Martinez posed no
threat to Defendants as “irreconcilable with the clear-cut video evidence.” See
Elosu v. Middlefork Ranch Inc., 26 F.4th 1017, 1025–26 (9th Cir. 2022) (“[A]
court may reject wholly speculative or unfounded testimony” under Federal Rule
of Evidence 702).
2. The district court did not err in granting summary judgment to Defendants
on Martinez’s excessive-force and failure-to-intervene claims because Defendants
are entitled to qualified immunity. Martinez contends that the excessiveness of
Defendants’ use of force was clearly established by cases concerning the use of
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significant force against individuals who posed no threat, did not resist arrest, or
were already restrained by handcuffs. See, e.g., Young v. County of Los Angeles,
655 F.3d 1156, 1168 (9th Cir. 2011); Garlick v. County of Kern, 167 F. Supp. 3d
1117, 1155 (E.D. Cal. 2016). But the video evidence and uncontroverted record
clearly shows that Defendants’ use of force occurred before Martinez was
handcuffed and was in response to her kicking Pina-Ruiz, biting Beumer, and
physically resisting arrest. Because it was not clearly established that Beumer used
excessive force, Pina-Ruiz had no clearly established duty to intercede. See
Cunningham v. Gates, 229 F.3d 1271, 1289 (9th Cir. 2000).
3. The district court did not abuse its discretion in denying leave to amend
Martinez’s complaint for a second time to add claims for unlawful entry and
warrantless detention. Martinez delayed seeking leave to amend until eleven days
before trial and after briefing on Defendants’ motion for summary judgment was
complete. And allowing amendment would prejudice Defendants, either by
requiring them to prepare legal defenses against two new claims shortly before trial
or by delaying trial while they undertook such preparation. Therefore, by denying
leave for “undue delay,” “undue prejudice to the opposing party,” and the “failure
3 24-4419
to cure deficiencies by amendments previously allowed,” the district court did not
abuse its discretion. See Foman v. Davis, 371 U.S. 178, 182 (1962).1
AFFIRMED.
1
Because the district court’s grant of summary judgment and denial of leave to
amend were proper, it did not abuse its discretion in denying Martinez’s motion for
reconsideration of those decisions. See Palm, 889 F.3d at 1088.
4 24-4419