History
  • No items yet
midpage
Lucious Wilson v. Deputy Cosio
676 F. App'x 711
| 9th Cir. | 2017
|
Check Treatment
|
Docket

*1 Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.

Lucious Wilson, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging a Fourth Amendment excessive force claim arising from his arrest. We have jurisdiction *2 under 28 U.S.C. § 1291. We review de novo. Glenn v. Washington County , 673 F.3d 864, 870 (9th Cir. 2011). We affirm.

The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendant’s use of less-lethal force to disarm Wilson and effectuate his arrest violated Wilson’s Fourth Amendment rights. See Lal v. California , 746 F.3d 1112, 1115, 1117 (9th Cir. 2014) (setting forth framework for analyzing an excessive force claim under the Fourth Amendment); see also Glenn , 673 F.3d at 871-72 (explaining circumstances under which a bean bag gun, which is a “‘less-lethal’ weapon,” is permissible).

The district court did not abuse its discretion by denying Wilson’s motion for default judgment because the clerk never entered a default. See Eitel v. McCool , 782 F.2d 1470, 1471-72 (9th Cir. 1986) (setting forth standard of review and factors to consider before entering default judgment).

To the extent that Wilson’s request, filed on June 3, 2016, seeks entry of default, the request is denied.

AFFIRMED.

2 15-56535

[*] 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).

Case Details

Case Name: Lucious Wilson v. Deputy Cosio
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jan 26, 2017
Citation: 676 F. App'x 711
Docket Number: 15-56535
Court Abbreviation: 9th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.