NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 19 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
VERNIE WESTLEY REED, Jr., Nos. 14-35925, 14-35979
Plaintiff-Appellant, D.C. No. 3:13-cv-05538-BHS
Cross-Appellee
v. MEMORANDUM*
CITY OF TACOMA, a municipal
corporation; et al.,
Defendants-Appellees.
Cross-Appellants
Appeal from the United States District Court
for the Western District of Washington
Benjamin H. Settle, District Judge, Presiding
Argued and Submitted May 10, 2017
Seattle, Washington
Before: McKEOWN, BEA, and N.R. SMITH, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
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 (1978). Therefore, the City of Tacoma was also entitled to
summary judgment. Scott v. Henrich, 39 F.3d 912, 916 (9th Cir. 1994).
AFFIRMED.
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