Jamar Evans v. Atwater Police Department , 390 F. App'x 689 ( 2010 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT AUG 02 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
JAMAR JAMES EVANS, No. 08-16169
Plaintiff - Appellant, D.C. No. 1:07-cv-00126-OWW-
DLB
v.
ATWATER POLICE DEPARTMENT, MEMORANDUM *
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Oliver W. Wanger, District Judge, Presiding
Submitted July 19, 2010 **
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Jamar James Evans appeals pro se from the district court’s summary
judgment in his 42 U.S.C. § 1983 action alleging excessive force during his arrest.
We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Barnett v.
Centoni, 31 F.3d 813, 815 (9th Cir. 1994) (per curiam). We affirm.
*
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).
In opposition to summary judgment, Evans contended that the district court
lacked jurisdiction to hear his § 1983 action because of California Government
Code § 945.3. The district court properly concluded that it had jurisdiction to
consider Evans’s action. See Harding v. Galceran, 889 F.2d 906, 908 (9th Cir.
1989) (California Government Code § 945.3 does not prohibit a § 1983 action).
Evans’s remaining contentions are unpersuasive.
AFFIRMED.
2 08-16169