Earl Hobbs v. City of Long Beach

MEMORANDUM

Earl Hobbs appeals the district court’s entry of summary judgment in favor of the defendants on his 42 U.S.C. § 1983 malicious prosecution claim against the City of Long Beach, City Auditor Gary Burroughs and Assistant City Auditor James Squires. We affirm.

1. To prevail on a § 1983 claim of malicious prosecution, a plaintiff must show that the defendants prosecuted him with malice and without probable cause, that they did so for the purpose of denying him equal protection or another specific constitutional right and that the prior proceedings terminated in such a manner as to indicate his innocence. See Awabdy v. City of Adelanto, 368 F.3d 1062, 1066, 1068 (9th Cir.2004). Here, Hobbs failed to establish a triable issue on at least two of those elements — probable cause and favorable termination.

Probable Cause. A grand jury indictment is prima facie evidence of probable cause. See 5 B.E. Witkin, Summary of California Law, Torts § 483 (10th ed.2005); Restatement (Second) of Torts § 664(2) (1977). Here, a grand jury indicted Hobbs on a charge of embezzlement by a public officer, so we presume that he was prosecuted on probable cause. “Among the ways that a plaintiff…