Gage v. City of Baker City

Full title: Walter William GAGE, Plaintiff-Appellant, v. CITY OF BAKER CITY, a…

Court: United States Court of Appeals, Ninth Circuit

Date published: May 6, 2011

432 F. App'x 664 (9th Cir. 2011)

Opinion

No. 10-35345.

Submitted May 4, 2011.^_

_ The panel unanimously concludes this case is suitable without oral argument. See Fed.R.App.P. 34(a)(2).

Filed May 6, 2011.

Ken Charles Hadley, Jr., Ken Hadley, PC, Baker City, OR, Brian L. Michaels, Brian Michaels, PC, Eugene, OR, for Plaintiff-Appellant.

Gerald L. Warren, Law Office of Gerald Warren, Salem, OR, for Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon, Ann L. Aiken, Chief District Judge, Presiding. D.C. No. 6:09-cv-06107-AA.

Before: KOZINSKI, Chief Judge, BEA and IKUTA, Circuit Judges.

MEMORANDUM^__

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

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.