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Lonnie Tyrone Ledbetter v. West Sacramento Police

submitted*fn*: August 23, 1991.

LONNIE TYRONE LEDBETTER, PLAINTIFF-APPELLANT,
v.
WEST SACRAMENTO POLICE, ET AL., DEFENDANTS-APPELLEES



Appeal from the United States District Court for the Eastern District of California; Raul A. Ramirez, District Judge, Presiding; D.C. No. CV-90-00245.

Browning, Sneed, and Norris, Circuit Judges.

MEMORANDUM

Lonnie Tyrone Ledbetter appeals pro se from the district court's dismissal of his 42 U.S.C. ยง 1983 action. We affirm.

Because the constitutionality of the search of Ledbetter's motel room already has been litigated in state court during Ledbetter's criminal prosecution, he is precluded from relitigating it in a civil rights action. See Allen v. McCurry, 449 U.S. 90, 94-95 (1980); Ayers v. City of Richmond, 895 F.2d 1267, 1270-71 (9th Cir. 1990). Accordingly, the district court properly dismissed this claim.

After the district court dismissed Ledbetter's challenges to the constitutionality of the search, Ledbetter stated that he did not want to proceed with his claim concerning allegedly excessive force used during the arrest. The district court then dismissed the excessive force claim for failure to prosecute. Because Ledbetter did not raise this issue in his brief on appeal, it is deemed abandoned. Wilcox v. Commissioner, 848 F.2d 1007, 1008 n.2 (9th Cir. 1988).

AFFIRME ...


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