Melford Wilson v. City of San Diego

MEMORANDUM

Melford Wilson (“Wilson”) appeals the district court’s summary judgment order in favor of San Diego Police Department (“SDPD”) police officer Ken Davis (“Davis”). Wilson filed a § 1983 action alleging that Davis violated Wilson’s Fourth Amendment rights when Davis arrested him, without probable cause, for violating California Penal Code § 148(a)(1) which prohibits resisting, delaying, or obstructing a police officer; that Davis retaliated against Wilson for exercising his First Amendment right to speech; and that Davis, without probable cause, maliciously initiated the prosecution of Wilson for the purpose of denying his First Amendment rights. The district court found that Davis was entitled to qualified immunity because he had probable cause to arrest Wilson. Accordingly, the district court concluded that Wilson failed to show constitutional violations as to his Fourth Amendment claims and malicious prosecution claim, and Davis was entitled to qualified immunity as to Wilson’s First Amendment retaliation claim because even absent probable cause, a reasonable officer in Davis’s situation would have believed he had probable cause to arrest Wilson for violating…