Bobby Montgomery v. Guy Turner , 700 F. App'x 769 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 9 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BOBBY LEE MONTGOMERY, No. 16-16878
Plaintiff-Appellant, D.C. No. 2:12-cv-00817-RFB-NJK
v.
MEMORANDUM*
GUY LOUIS TURNER, LVMPD Officer
Badge No. 13518; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
Richard F. Boulware, II, District Judge, Presiding
Submitted October 23, 2017**
Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges.
Bobby Lee Montgomery appeals pro se from the district court’s summary
judgment in his 42 U.S.C. § 1983 action alleging a Fourth Amendment false arrest
claim. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Haupt
v. Dillard, 17 F.3d 285, 287-88 (9th Cir. 1994). We affirm.
*
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).
The district court properly granted summary judgment because the record
shows that Montgomery had a full and fair opportunity to litigate the issue of
probable cause in his prior state criminal action, and, thus, he is collaterally
estopped from relitigating this issue in this action. See id. at 288-90 (explaining
that under Nevada law, a probable cause determination at a preliminary hearing
provides a full and fair opportunity to litigate the issue sufficient to support
collateral estoppel in a subsequent § 1983 action).
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 16-16878