Walter Gage v. City of Baker City

FILED
NOT FOR PUBLICATION MAY 06 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WALTER WILLIAM GAGE, No. 10-35345
Plaintiff - Appellant, D.C. No. 6:09-cv-06107-AA
v.
MEMORANDUM*
CITY OF BAKER CITY, a municipal
corporation; MICHAEL REGAN,
MICHAEL HARRIS and BRIAN
HARVEY, in their individual capacities,
and as police officials for the City of
Baker City,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Oregon
Ann L. Aiken, Chief District Judge, Presiding
Submitted May 4, 2011**
Portland, Oregon
Before: KOZINSKI, Chief Judge, BEA and IKUTA, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
page 2
Unrebutted evidence shows that Gage appeared to be intoxicated even before
he failed three field sobriety tests. He can’t demonstrate that the officer lacked
probable cause to arrest him. See United States v. Buckner, 179 F.3d 834, 837 (9th
Cir. 1999).
AFFIRMED.