Walter Gage v. City of Baker City

Ninth Circuit

Walter Gage v. City of Baker City

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 6, 2011

Docket10-35345

StatusUnpublished

This text of Walter Gage v. City of Baker City (Walter Gage v. City of Baker City) 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

Walter Gage v. City of Baker City, (9th Cir. 2011).

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Opinion

FILED NOT FOR PUBLICATION MAY 06 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WALTER WILLIAM GAGE, No. 10-35345

Plaintiff - Appellant, D.C. No. 6:09-cv-06107-AA

v. MEMORANDUM* CITY OF BAKER CITY, a municipal corporation; MICHAEL REGAN, MICHAEL HARRIS and BRIAN HARVEY, in their individual capacities, and as police officials for the City of Baker City,

Defendants - Appellees.

Appeal from the United States District Court for the District of Oregon Ann L. Aiken, Chief District Judge, Presiding

Submitted May 4, 2011** Portland, Oregon

Before: KOZINSKI, Chief Judge, BEA and IKUTA, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). page 2 Unrebutted evidence shows that Gage appeared to be intoxicated even before

he failed three field sobriety tests. He can’t demonstrate that the officer lacked

probable cause to arrest him. See United States v. Buckner, 179 F.3d 834, 837 (9th

Cir. 1999).

AFFIRMED.

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