Ramon Vasquez v. Brian Ferrante

MEMORANDUM

Ramon Jose Vasquez contests the district court’s grant of summary judgment in favor of the law enforcement appellees in this action brought pursuant to 42 U.S.C. §§ 1981 and 1983 for wrongful arrest and subsequent detention without probable cause. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

The officers had probable cause to arrest Vasquez, causing him to be held in jail for five months. The totality of the facts and circumstances known to them included two separate photographic identifications by witnesses at the scene. Moreover, Vasquez generally fit many of the descriptions given before his arrest of the person who killed Rojelio Silva during the confrontation outside of In-N-Out Burger; Vasquez was the part-owner of a distinctive vehicle identified as being at the location of the shooting; and he was previously involved in a criminal incident suggesting association with Norteño gang members.

The factors Vasquez claims negate probable cause do not. As Judge Davila noted, they were irrelevant or immaterial. See Hervey v. Estes, 65 F.3d 784, 788-90 (9th Cir.1995). Also, Vasquez mistakenly attributes one of those factors…