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Type
Opinion
Filed
June 17, 2022
Case
Frank Johnson v. City of Morro Bay
Case status
Decided

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Opening text

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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 17 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT FRANK JOHNSON, No. 21-55666 Plaintiff-Appellant, D.C. No. 2:20-cv-05178-SVW-GJS v. CITY OF MORRO BAY, a municipal entity; MEMORANDUM* WILL MARVOS, an individual; JEREMY PAINTER, an individual, Defendants-Appellees, and UNKNOWN OFFICERS AND PERSONNEL OF THE MORRO BAY POLICE DEPARTMENT; DOES, 2-10, inclusive, Defendants. Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding Argued and Submitted June 7, 2022 Pasadena, California Before: M. SMITH, BADE, and VANDYKE, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff asks this court to reverse the district court’s entry of partial summary judgment in favor of Defendants on his Fourth Amendment unreasonable seizure claim. The material facts in this case are undisputed, and there is uncontroverted body camera footage of Plaintiff’s encounter with the police. Because the parties are familiar with the facts, we do not recount them here, ex…

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