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Sepatis v. City and Cty. of San Francisco

United States Court of Appeals, Ninth Circuit
Nov 12, 2010
403 F. App'x 224 (9th Cir. 2010)

Opinion

No. 09-16537.

Argued and Submitted November 5, 2010.

Filed November 12, 2010.

John H. Scott, Lizabeth N. De Vries, Esquire, Scott Law Firm, San Francisco, CA, for Plaintiff-Appellant.

Meredith Blagden Osborn, San Francisco City Attorney's Office, San Francisco, CA, for Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California, Joseph C. Spero, Magistrate Judge, Presiding. D.C. No. 3:08-cv-02497-JCS.

Before: ALARCÓN and RYMER, Circuit Judges, and KENNELLY, District Judge.

The Honorable Matthew F. Kennelly, United States District Judge for the Norther District of Illinois, sitting by designation.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

William Sepatis appeals the district court's grant of summary judgment in favor of the City and County of San Francisco and several police officers on his claim that the officers towed his car in retaliation for his exercise of his First Amendment rights.

We affirm. Sepatis's evidence of retaliatory motive was very weak at best, and the officers unquestionably had probable cause to tow his car for investigation of a hit-and-run accident involving property damage. Summary judgment is appropriate in a case like this one involving "very strong evidence of probable cause and very weak evidence of a retaliatory motive." Dietrich v. John Ascuaga's Nugget, 548 F.3d 892, 901 (9th Cir. 2008). Because no reasonable jury could find in Sepatis's favor on his claim, we need not reach the question of whether the officers are entitled to qualified immunity.

The district court's grant of summary judgment is AFFIRMED.


Summaries of

Sepatis v. City and Cty. of San Francisco

United States Court of Appeals, Ninth Circuit
Nov 12, 2010
403 F. App'x 224 (9th Cir. 2010)
Case details for

Sepatis v. City and Cty. of San Francisco

Case Details

Full title:William SEPATIS, Plaintiff-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 12, 2010

Citations

403 F. App'x 224 (9th Cir. 2010)