Dempere v. City of Tukwila
Dempere v. City of Tukwila
Opinion of the Court
MEMORANDUM
Jackie Llinas Dempere appeals pro se the district court’s summary judgment for defendants in her civil rights action challenging her arrest and prosecution for providing false proof of financial responsibility. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a summary judgment, Balint v. Carson City, 180 F.3d 1047, 1050 (9th Cir. 1999) (en banc), and we review for an abuse of discretion the district court’s denial of a motion to amend, Levald, Inc. v. City of Palm Desert, 998 F.2d 680, 691 (9th Cir. 1993). We affirm in part and reverse and remand in part.
Dempere contends that the district court erred by granting summary judgment to Officer Victor and Sgt. Richardson on her excessive force claim. We agree.
Dempere’s false arrest contention lacks merit because probable cause existed that Dempere had provided false information to a public servant. See Wash. Rev. Code § 9A.76.175; Atwater v. City of Lago Vista, 532 U.S. 318, 354, 121 S.Ct. 1536, 149 L.Ed.2d 549 (2001).
Dempere’s contention that the district court abused its discretion by denying her motion to amend the complaint lacks merit. The district court’s conclusion that amendment would substantially prejudice defendants justifies denial of the motion. See United States v. Pend Oreille Pub. Util. Dist. No. 1, 28 F.3d 1544, 1552-53 (9th Cir. 1994).
Dempere’s remaining contentions lack merit.
Accordingly, we reverse the district court’s grant of summary judgment in favor of defendants Victor and Richardson on the claim of excessive force. We affirm the district court’s grant of summary judgment on the remaining claims in favor of defendants. We remand for further proceedings.
Each party shall bear its own costs on appeal.
AFFIRMED in part, REVERSED and REMANDED in part.
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.
Reference
- Full Case Name
- Jackie Llinas DEMPERE v. CITY OF TUKWILA, a municipal corporation
- Cited By
- 1 case
- Status
- Published