Opinion

DeNardo v. Smith

  • 43 F. App'x 118
Court
Court of Appeals for the Ninth Circuit
Filed
Jul 30, 2002
Status
Published
Cited by
0 cases
Authority
More cited than 20.6%

The opinion

MEMORANDUM **

Daniel DeNardo appeals pro se the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging false arrest, malicious prosecution, and excessive force. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), and we affirm.

The district court correctly concluded that the claims against Cynthia Fellows are time-barred, see DeNardo v. Murphy, 781 F.2d 1345, 1346 (9th Cir.1986), and that DeNardo failed to establish any basis to toll the statute of limitations, see Compton v. Ide, 732 F.2d 1429, 1433 (9th Cir.1984), abrogated on other grounds, Agency Holding Corp. v. Malley-Duff Assocs., Inc., 483 U.S. 143, 148-49 (1987).

Because DeNardo’s claims against defendants Richard, Walker, Clark-Weeks, and Mathis are barred by absolute immunity, summary judgment was proper. See Imbler v. Pachtman, 424 U.S. 409, 431 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976).

The district court properly concluded that the use of a police dog to search for an unknown suspect after hours in a darkened, deserted building is not an unreasonable seizure or excessive force, and that Officers Smith and Shore are entitled to qualified immunity. See Watkins v. City of Oakland, 145 F.3d 1087, 1092 (9th Cir.1998).

DeNardo’s contention that the district court abused its discretion by denying his discovery request is rejected as moot.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.