Scott Feldman v. Joel B. Davis

29 F.3d 631 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Scott FELDMAN, Plaintiff-Appellant, v. Joel B. DAVIS, Defendant-Appellee. No. 93-55730. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 20, 1994. Before: FARRIS, KOZINSKI and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Scott Feldman appeals the district court's order granting defendant's motion for summary judgment in his 42 U.S.C. Sec. 1983 action based on qualified immunity. Feldman contends that the defendant, Officer Davis of the Irvine Police Department, violated his Fourth Amendment rights when Davis arrested him for possession of burglary tools without probable cause. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review de novo the district court's grant of summary judgment on the basis of qualified immunity. American Fire, Theft & Collision Managers, Inc. v. Gillespie, 932 F.2d 816, 817 (9th Cir.1991). 4 In determining whether an officer is…