Daniel Mahoney v. Bryan Barlow

MEMORANDUM

Plaintiff Daniel Mahoney appeals the district court’s grant of partial summary judgment to Defendants, State Trooper Bryan Barlow and Officer Andy DeVeaux, on his 42 U.S.C. § 1983 claims for violations of his Fourth Amendment rights.

1. We review de novo a grant of summary judgment. Alexander Mfg., Inc. Emp. Stock Ownership Plan & Trust v. III. Union Ins. Co., 560 F.3d 984, 986 (9th Cir.2009). The district court properly granted summary judgment on Plaintiffs claims for false arrest and false imprisonment because, relying on the information provided by Plaintiffs wife during her 911 call, the officers had probable cause to arrest Plaintiff for assault in the fourth degree when they first encountered him. See United States v. Lopez, 482 F.3d 1067, 1072 (9th Cir.2007) (“Probable cause to arrest exists when officers have knowledge or reasonably trustworthy information sufficient to lead a person of reasonable caution to believe that an offense has been or is being committed by the person being arrested.”).

2. We review the formulation of jury instructions for abuse of discretion. See Gilbrook v. City of Westminster, 177 F.3d 839, 860 (9th Cir.1999) (distinguishing…