Reed v. City of Tacoma

Ninth Circuit

Reed v. City of Tacoma

691 F. App'x 380

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 19, 2017

DocketNos. 14-35925, 14-35979

StatusPublished

This text of 691 F. App'x 380 (Reed v. City of Tacoma) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reed v. City of Tacoma, 691 F. App'x 380 (9th Cir. 2017).

Pincite

Opinion

MEMORANDUM

*

The evidence that Officer Terwilliger’s microphone was both attached to his uniform by a cord and stuck inside Vernie Reed’s vehicle as the vehicle started to move forward is not contested. Therefore, there is no genuine dispute of material fact as to whether Officer Terwilliger’s use of force was reasonable under the circumstances, and the district court properly granted summary judgment in favor of Officer Terwilliger. Jackson v. City of Bremerton, 268 F.3d 646, 653 (9th Cir. 2001).

As there was no constitutional violation, the City of Tacoma cannot be held liable under Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 690-95, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Therefore, the City of Tacoma was also entitled to summary judgment. Scott v. Henrich, 39 F.3d 912, 916 (9th Cir. 1994).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Free access — add to your briefcase to read the full text and ask questions with AI

MEMORANDUM

*

The evidence that Officer Terwilliger’s microphone was both attached to his uniform by a cord and stuck inside Vernie Reed’s vehicle as the vehicle started to move forward is not contested. Therefore, there is no genuine dispute of material fact as to whether Officer Terwilliger’s use of force was reasonable under the circumstances, and the district court properly granted summary judgment in favor of Officer Terwilliger. Jackson v. City of Bremerton, 268 F.3d 646, 653 (9th Cir. 2001).

As there was no constitutional violation, the City of Tacoma cannot be held liable under Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 690-95, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Therefore, the City of Tacoma was also entitled to summary judgment. Scott v. Henrich, 39 F.3d 912, 916 (9th Cir. 1994).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Cite This Page — Counsel Stack

Bluebook (online)

691 F. App'x 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-city-of-tacoma-ca9-2017.

Opinion

Related

Cite This Page — Counsel Stack