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Author Topic: Appeal  (Read 243 times)
spielz
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« on: February 11, 2010, 10:44:39 AM »

Toxic Police,
Plaintiff - Appellant,
v.
BEN BATEMAN, Officer; et al.,
Defendants - Appellees.
No. 05-56921

D.C. No. CV-03-02508-R(AN)
MEMORANDUM*

Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted June 5, 2007**
Before: LEAVY, RYMER, and T.G. NELSON, Circuit Judges.

Plaintiff appeals pro se from the district court’s summary
judgment dismissing his 42 U.S.C. § 1983 action alleging, inter alia, that
defendants lacked probable cause for arresting him. We have jurisdiction under


28 U.S.C. § 1291. After de novo review, Haynie v. County of Los Angeles, 339
F.3d 1071, 1075 (9th Cir. 2003), we affirm.

For the reasons set forth by the magistrate judge in his November 9, 2005
report, adopted in full by the district court in its November 30, 2005 order, we
agree that Plaintiff failed to raise a triable issue of fact as to whether any of his
constitutional rights were violated when he was stopped, arrested, and detained by
Glendale police. Plaintiff remaining contentions lack merit.

Looks like they take there time getting to appeals. I looked over appeal sample from Traffic manual 3. double check case law and replaced statutes.
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Djehuty-M
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« Reply #1 on: February 11, 2010, 11:19:32 AM »

When you have them by the balls, they run, duck, delay, and do everything they can in the book. They force you into settlement (millions of dollars short from what you were seeking) and then send you documents that state (to authorities, not the litigant): DO NOT PUBLISH!!!! And then publicly state the lower court's decision was AFFIRMED (upheld) on summary judgment of course thereby creating res judicata so they can never see you again (on such charges under contesting right to travel). But if you walk away with a check (for a few thousand dollars, c. $2k or 3k) from the Tow Truck company and a municipality c. $2,500 (which is rare compared to receiving from a tow truck company, a private operator only after you file suit) then you know your shit and are respected (due to the headache you can cause them).

Court is a business and deals are made all the time to get out of fights (trials)! They don't have the time!
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