Abramowitz

Abramowitz v. City of Long Beach

Good Law
7 F. App'x 583
United States Court of Appeals for the Ninth CircuitMarch 19, 2001No. 00-55176; D.C. No. CV-99-04690-CMCalifornia252 words

Opinion

Lead Opinion

MEMORANDUM *

Lyle Abramowitz appeals the district court’s grant of summary judgment in favor of the City of Long Beach and two of its police officers in his suit under 42 U.S.C. § 1983 . Although Abramowitz framed his alleged constitutional deprivations in terms of due process, the validity of his arrest must be analyzed under Fourth Amendment standards. Picray v. Sealock, 138 F.3d 767, 770 (9th Cir.1998). Because no reasonable jury could find that the officers did not have probable cause to *584 arrest Abramowitz for the offense charged, we affirm the district court on the merits. McKenzie v. Lamb, 738 F.2d 1005, 1008 (9th Cir.1984). In so doing, we reject Abramowitz’s contention that the officers’ alleged violation of state law in connection with his arrest directs a contrary result. In an action brought under § 1983, “state law governing an arrest is irrelevant to determining whether the arrest deprived an individual of rights secured by the federal constitution or a federal statute.” United States v. Mota, 982 F.2d 1384, 1387 (9th Cir.1993) (citing Barry v. Fowler, 902 F.2d 770, 772 (9th Cir.1990)).

Because we find that ho constitutional violation occurred, we affirm the…

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