C. Ekweani v. Maricopa County Sheriff's Offi

Good Law
471 F. App'x 583
United States Court of Appeals for the Ninth CircuitMarch 6, 201210-16397California348 words

Opinion

Opinion

MEMORANDUM

C. Henry Ekweani and Ijeamaka Ekweani appeal pro se from the district court’s summary judgment in their 42 U.S.C. § 1983 action alleging Fourth Amendment and state law violations arising from their arrests. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989). We affirm.

The district court properly granted summary judgment on the Ekweanis’ false arrest claims because defendants had probable cause to arrest the Ekweanis for harassment after they placed numerous calls in two hours to 911 and the sheriffs department’s non-emergency number to demand the return of their missing keys, despite being repeatedly warned that continuing to call 911 regarding their keys could lead to their arrest. See Lassiter v. City of Bremerton, 556 F.3d 1049, 1053 (9th Cir.2009) (“Probable cause exists when the facts and circumstances within the officer’s knowledge are sufficient to cause a reasonably prudent person to be lieve that a crime has been committed.”); see also Ariz.Rev.Stat. § 13-2921 (a person commits harassment if, with knowledge that he is harassing another person, he communicates with another person by telephone in…

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