Thea Peters v. J. Richwine

MEMORANDUM

Following an arrest for driving while intoxicated and the subsequent dismissal of charges, Thea McKay Peters asserted claims of false arrest and excessive force against Officer J.P. Richwine under 42 U.S.C. § 1983 for violations of the Fourth and Fourteenth Amendment. The district court granted summary judgment in favor of Richwine, determining that he had probable cause to arrest Peters for disorderly conduct. We affirm.

We review the district court’s grant of summary judgment de novo, drawing all reasonable inferences in favor of Peters, the non-movant. See Zeinali v. Raytheon Co., 636 F.3d 544, 547 (9th Cir.2011). Summary judgment is appropriate if the moving party establishes “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” See Fed.R.Civ.P. 56(a).

In California, a person is subject to arrest for disorderly conduct if, among other ways, that person:

Cal. Pen. Code § 647 (f). “A public place has been defined to be a place where the public has a right to go and to be, and includes public streets, roads, highways, and sidewalks.” People v. Belanger, 243 Cal.App.2d 654, 657 , 52 Cal.Rptr. 660 (1966)…