Jeffrey Sharp v. Christian Stringer

MEMORANDUM

Jeffrey G. Sharp appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging false arrest, malicious prosecution, and interference with familial association. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, and we may affirm on any basis supported by the record. ASARCO, LLC v. Union Pac. R.R. Co., 765 F.3d 999, 1004 (9th Cir.2014) (motion to dismiss); Crowley v. Nev. ex rel. Nev. Sec’y of State, 678 F.3d 730, 733-34 (9th Cir.2012) (summary judgment). We affirm.

The district court properly granted summary judgment on Sharp’s false arrest and malicious prosecution claims against defendants Houck, Brenner, and Stringer because Sharp failed to raise a genuine dispute of material fact as to whether Houck and Brenner, the arresting officers, or Stringer, the prosecutor who advised them, had a reasonable basis to believe that Sharp violated Oregon Revised Statutes § 163.200. See Smith v. Almada, 640 F.3d 931, 937-39 (9th Cir.2011) (probable cause constitutes a defense to false arrest and malicious prosecution under federal law); Gustafson v. Payless Drug Stores Nw., Inc., 269 Or. 354 , 525 P.2d 118, 119-20 (1974) (probable cause…