Robert Lumpkin v. King County Jail

MEMORANDUM

Robert J. Lumpkin appeals pro se from the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action alleging false imprisonment and malicious prosecution. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm.

The district court properly dismissed Lumpkin’s Fourth and Fourteenth Amendment claims because Lumpkin alleged that a judge found probable cause as to one of the two charges against him. See Lacey v. Maricopa County, 693 F.3d 896, 919 (9th Cir.2012) (en banc) (elements of a malicious prosecution claim under § 1983, including a lack of probable cause); Cabrera v. City of Huntington Park, 159 F.3d 374, 380 (9th Cir.1998) (per curiam) (a plaintiff must show there was no probable cause in order to prevail on a § 1983 claim for false arrest and imprisonment); City of Seattle v. Cadigan, 55 Wash.App. 30 , 776 P.2d 727, 731 (1989) (under Washington state law, absence of probable cause to believe that a person committed a particular crime for which the person was arrested does not create…