Lewis D. Peterson v. Union Pacific Railroad Company; Jason Zatt

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The Honorable Ronald Lee Gilman, Senior United States**
Circuit Judge for the Sixth Circuit, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LEWIS D. PETERSON,
Plaintiff - Appellant,
v.
UNION PACIFIC RAILROAD
COMPANY; JASON ZATT,
Defendants - Appellees.
No. 10-56959
D.C. No. 2:10-cv-00306-R-AJW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Argued and Submitted July 12, 2012
Pasadena, California
Before: GILMAN , TALLMAN, and N.R. SMITH, Circuit Judges.**
Plaintiff-appellant Lewis Peterson (“Peterson”) appeals the district court’s
grant of summary judgment in favor of defendants-appellees Union Pacific
FILED
AUG 03 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 3 --

2
Railroad Company (“Union Pacific”) and Jason Zatt (“Zatt”), a Union Pacific
Police Officer. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Peterson alleges that Zatt used excessive force while lawfully arresting him
for trespassing. Allegations of excessive force are examined under the Fourth
Amendment’s prohibition on unreasonable seizures, as explained in Graham v.
Connor, 490 U.S. 386, 394 (1989). Importantly, Peterson has failed to provide
medical records supporting his alleged injuries. See Arpin v. Santa Clara Valley
Transp. Agency, 261 F.3d 912, 922 (9th Cir. 2001) (“Arpin’s claim of injury is
equally unsupported as she does not provide any medical records to support her
claim that she suffered injury as a result of being handcuffed.”). Without
documentation of injury, his excessive-force claim fails. See id. (denying claim
because plaintiff-appellant “failed to meet her burden of proof of providing
specific facts to show that the force used was unreasonable or that she sustained
actual injuries”).
Peterson also claims that he suffered a violation of his procedural due
process rights when he was incarcerated for two or three hours after his arrest.
Peterson reads California Penal Code § 853.6 as creating a mandatory cite-and-
release framework for misdemeanors. Section 853.6 does no such thing. In
particular, § 853.6(g) allows an officer to “book the arrested person at the scene or

-- 2 of 3 --

3
at the arresting agency prior to release.” By booking Peterson, who had no
identification on his person, Zatt acted in accordance with § 853.6, not in
contravention of it.
AFFIRMED.

-- 3 of 3 --