Tatum

Verlie Tatum appeals from the district court’s order granting summary judgment to the defendants, and dismissing her claims brought under 42 U.S.C. § 1983 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I

On the morning of March 2, 2001, San Francisco Police Officer Leslie Smith was waiting for a tow truck to remove a stolen car located in San Francisco’s Tenderloin neighborhood. Across the street, Smith saw Glenn Fullard begin to kick the side door of the Tenderloin police station. Smith yelled at Fullard to stop kicking the door, but Fullard did not stop. Officer Smith then approached Fullard and asked him what he was doing. Fullard did not respond and he continued to kick the door, so Smith pulled Fullard away from the door and again asked him what he was doing. Fullard did not reply, but he began to walk away from the police station after Officer Smith told Fullard to “get out of here.”

As Smith was walking back across the street, he heard Fullard kicking the police station’s door again. Based on Fullard’s odd behavior, as well as his bloodshot eyes, heavy perspiration, and slurred speech, Smith suspected that Fullard might be intoxicated or under the…