Louis Chase v. County of San Bernardino

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LOUIS CHASE,
Plaintiff - Appellant/Appellee,
v.
COUNTY OF SAN BERNARDINO;
GREGORY TEPLANSKY, Deputy #1686,
individually and as a peace officer;
FERNANDO HERNANDEZ, individually
and as a peace officer; and ED RIPLEY,
Deputy Chief, individually and as a peace
officer,
Defendants - Appellees/Appellants.
Nos. 12-57147
12-57185
D.C. No. 5:12-cv-01082-PA-SH
MEMORANDUM*
Appeals from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted February 9, 2015**
Pasadena California
FILED
FEB 13 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes that this case is suitable for decision
without oral argument. Fed. R. App. P. 34(a)(2).

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Before: GRABER and WARDLAW, Circuit Judges, and SHEA,*** Senior District
Judge.
Plaintiff Louis Chase appeals the district court’s dismissal of this 42 U.S.C.
§ 1983 action against Defendants County of San Bernardino, Deputy Gregory
Teplansky, Officer Fernando Hernandez, and Deputy Chief Ed Ripley. Defendants
cross-appeal the district court’s denial of sanctions. We affirm.
1. Reviewing de novo, Landers v. Quality Commc’ns, Inc., 771 F.3d 638,
640 (9th Cir. 2014), we conclude that the district court correctly dismissed this
action. For the reasons explained by the district court, claim preclusion barred all
claims but one, and the statute of limitations barred the remaining claim.
2. "Given the district court’s wide discretion in determining whether Rule
11 sanctions are appropriate, we cannot conclude that the court abused its
discretion in refusing to award sanctions in this instance." Gotro v. R & B Realty
Grp., 69 F.3d 1485, 1488–89 (9th Cir. 1995).
AFFIRMED. Costs on appeal awarded to Defendants.
*** The Honorable Edward F. Shea, Senior United States District Judge for
for the Eastern District of Washington, sitting by designation.
2

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