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KHAN v. Pinole Police Department, Defendant. (2021)

United States Court of Appeals, Ninth Circuit.2021-07-26No. No. 20-15202

Summary

Holding. The appellate court affirmed the district court's dismissal of Khan's § 1983 false arrest action as a sanction for his pattern of noncompliance with court orders and disruptive deposition conduct.

David Khan appealed the dismissal of his civil rights lawsuit alleging false arrest against the Pinole Police Department. The district court had dismissed the case as a sanction for Khan's failure to comply with court orders and his disruptive conduct during depositions. The appellate court reviewed whether the district court abused its discretion in imposing this dismissal sanction.

The court found no abuse of discretion because Khan demonstrated a pattern of refusing to follow court directives and behaved in ways that were both disruptive and evasive during two deposition proceedings. The court noted that it has consistently upheld dismissal as an appropriate sanction when parties fail to comply with pretrial requirements established by court orders and local rules.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether dismissal was an appropriate sanction for repeated failure to comply with court orders
  • Whether Khan's disruptive and evasive deposition conduct justified dismissal
  • Abuse of discretion standard for discovery sanctions

Procedural posture

Khan appealed pro se from the district court's dismissal of his civil rights action based on discovery sanctions and noncompliance with court orders.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

David Khan appeals pro se from the district courts judgment dismissing as a discovery sanction and for failure to comply with court orders his 42 U.S.C. § 1983 action alleging false arrest and other claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Ingenco Holdings, LLC v. Ace Am. Ins Co., 921 F.3d 803, 821 (9th Cir. 2019) (dismissal as a discovery sanction under Federal Rule of Civil Procedure 37); Yourish v. California Amplifier, 191 F.3d 983, 986 (9th Cir. 1999) (dismissal for failure to comply with a court order under Federal Rule of Civil Procedure 41). We affirm.

The district court did not abuse its discretion by dismissing Khans action because Khan exhibited a pattern of noncompliance with court orders and engaged in disruptive and evasive conduct at two depositions. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (setting forth factors for determining whether an action should be dismissed as a sanction for failure to comply with a court order); Thompson v. Hous. Auth. of L.A., 782 F.2d 829, 831 (9th Cir. 1986) (“We have repeatedly upheld the imposition of the sanction of dismissal for failure to comply with pretrial procedures mandated by local rules and court orders.”).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Khans motion to transmit exhibit (Docket No. 12) is denied.

AFFIRMED.