Brass

ORDER

This case is resubmitted as of the date of this order.

MEMORANDUM **

Roger Brass appeals an order granting summary judgment for the County of Los Angeles and Deputy Thurlo in Brass’s 42 U.S.C. § 1983 action alleging that he was unlawfully arrested and detained. The facts and prior proceedings are known to the parties; they are not recited herein, except as necessary.

I

Brass contends that Deputy Rick Thurlo violated his constitutional rights when Deputy Thurlo mistakenly arrested him instead of James Nichols. Deputy Thurlo claims he has qualified immunity from suit because a reasonable officer would have believed he had probable cause to arrest Brass.

Government officials are entitled to qualified immunity from suits under § 1983 so long as their actions did “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727 , 73 L,Ed.2d 396 (1982). Under clearly established law, an arrest is lawful if probable cause existed to make the arrest. Mendocino Environmental Center v. Mendocino County, 14 F.3d 457, 462 (9th Cir. 1994). An officer has qualified immunity if…