NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 22 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHRISTOPHER ANTHONY TORRES, No. 14-17417
Plaintiff-Appellant, D.C. No. 2:12-cv-00932-ROS
v.
MEMORANDUM*
RAY, named as Ofc Ray 6480; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Arizona
Roslyn O. Silver, District Judge, Presiding
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Christopher Anthony Torres, an Arizona state prisoner, appeals pro se from
the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
excessive force during an arrest. We have jurisdiction under 28 U.S.C. § 1291.
We review de novo. Gonzalez v. City of Anaheim, 747 F.3d 789, 793 (9th Cir.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
2014). We affirm.
The district court properly granted summary judgment for defendants Trapp,
Ray, and Blasko. Torres failed to raise a genuine dispute of material fact as to
whether these defendants’ actions were objectively unreasonable under the totality
of the circumstances. See Espinosa v. City & County of San Francisco, 598 F.3d
528, 537 (9th Cir. 2010) (framework for analyzing an excessive force claim under
the Fourth Amendment). The undisputed facts demonstrate that defendants Trapp,
Ray, and Blasko were aware that Torres was suspected of a violent crime earlier
that day and Torres refused to surrender during an hours-long barricade situation in
which defendants knew he had at least one weapon. Torres also does not dispute
that he moved his hand from underneath his torso after being hit with the projectile
launchers. Although Torres turned out to be unarmed, defendant Blasko did not
know that at the time he deployed his Taser.
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 14-17417