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Vernie Reed, Jr. v. City of Tacoma
14-35925
| 9th Cir. | May 19, 2017
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*1 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 *2 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.

2

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Case Details

Case Name: Vernie Reed, Jr. v. City of Tacoma
Court Name: Court of Appeals for the Ninth Circuit
Date Published: May 19, 2017
Docket Number: 14-35925
Court Abbreviation: 9th Cir.
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