Drew Josfan v. Nylon Project

MEMORANDUM

Drew Josfan appeals the district court’s grant of summary judgment in favor of Santa Barbara Police Department officers Thomas Eccles, Mark Corbett, and Ed Ruiz (collectively, “City Defendants”) and Nylon Project, LLC, Michael Gomez, and Mike George (collectively, “Indochine Defendants”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. The district court correctly held that because the City Defendants had probable cause to arrest Josfan, they cannot be held liable under 42 U.S.C. § 1988 for false arrest and malicious prosecution. See Estate of Tucker ex rel. Tucker v. Interscope Records, Inc., 515 F.3d 1019, 1030 (9th Cir.2008) (listing lack of probable cause as a necessary element of a malicious prosecution claim); Cabrera v. City of Huntington Park, 159 F.3d 374, 380 (9th Cir.1998) (per curiam) (listing lack of probable cause as a necessary element of a false arrest claim). Based on George’s initial 911 call, conversations with George and Gomez pri- or to Josfan’s arrest, and their own observations, the City Defendants each possessed information “sufficient to lead a person of reasonable caution to believe an offense ha[d] been or [was] being…