
    Walter William GAGE, Plaintiff-Appellant, v. CITY OF BAKER CITY, a municipal corporation; Michael Regan, Michael Harris and Brian Harvey, in their individual capacities, and as police officials for the City of Baker City, Defendants-Appellees.
    No. 10-35345.
    United States Court of Appeals, Ninth Circuit.
    Submitted May 4, 2011.
    
    Filed May 6, 2011.
    Ken Charles Hadley, Jr., Ken Hadley, PC, Baker City, OR, Brian L. Michaels, Brian Michaels, PC, Eugene, OR, for Plaintiff-Appellant.
    Gerald L. Warren, Law Office of Gerald Warren, Salem, OR, for Defendants-Appellees.
    Before: KOZINSKI, Chief Judge, BEA and IKUTA, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Unrebutted evidence shows that Gage appeared to be intoxicated even before he failed three field sobriety tests. He can’t demonstrate that the officer lacked probable cause to arrest him. See United States v. Buckner, 179 F.3d 834, 837 (9th Cir.1999).

AFFIRMED. 
      
       This disposition is not appropriate for publication and except as provided by 9th Cir. R. 36-3.
     