Blumberg v. Gates

Summary

The Ninth Circuit affirmed summary judgment for the defendants on Paul Blumberg’s 42 U.S.C. § 1983 false-arrest claim, holding that he failed to identify evidence creating a genuine issue of material fact. The court also affirmed dismissal of his RICO claims because he conceded that the factual allegations underlying those claims were false.

Holdings

1. Summary judgment was proper because defendants met their initial burden of showing that no genuine issue of material fact existed, and Blumberg failed to come forward with specific material facts requiring a trial.
2. The dismissal of Blumberg's RICO claims was affirmed because he conceded that the factual allegations on which those claims were based were false.

Questions Presented

1. Whether defendants were entitled to summary judgment on Blumberg's § 1983 false-arrest claim.
2. Whether the district court properly dismissed Blumberg's RICO claims for lack of standing.
3. Whether the dismissal of the RICO claims could be affirmed on the alternative ground that Blumberg conceded the falsity of the allegations underlying those claims.

Disposition

affirmed