Gregory Barren, Sr. v. T. Robinson

MEMORANDUM

Gregory D. Barren, Sr., appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging false arrest. We review de novo cross-motions for summary judgment, Guatay Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011), and review for an abuse of discretion evi-dentiary rulings made in the context of summary judgment, Wong v. Regents of the Univ. of Cal., 410 F.3d 1052, 1060 (9th Cir. 2005). We affirm.

The district court properly granted summary judgment for defendants because Barren failed to raise a genuine dispute of material fact as to whether defendants had probable cause to arrest him. See United States v. Lopez, 482 F.3d 1067, 1072 (9th Cir. 2007) (defining 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).

The district court did not abuse its discretion by considering the 911-call because it was considered for a non-hearsay purpose, and the arrest and domestic violence reports because they were admissible under the “regularly conducted activity”…