Perdew

MEMORANDUM **

Dennis W. Perdew appeals the district court’s entry of summary judgment in favor of Nevada Highway Patrol Trooper Shaun Valiant. Perdew claimed under Section 1983 that Trooper Valiant violated his constitutional rights by arresting him without probable cause on suspicion of driving under the influence. We affirm.

BACKGROUND

Trooper Valiant stopped Perdew after observing his car weaving on the highway and crossing into an adjacent lane. Valiant questioned Perdew as to whether he had any medical problems, was taking any medications, was under the care of a physician, or had been drinking. Perdew said no. Valiant observed that Perdew’s complexion was flush, a grayish/greenish film coated his tongue, his eyes were red and his pupils reacted slowly to light. Valiant administered a horizontal gaze nystagmus (“HGN”) test 1 which Perdew failed; he then administered two standard field sobriety tests, both of which Perdew failed. Perdew then submitted to a field breathalyzer test that returned a negative result for alcohol.

Trooper Valiant then summoned a Drug Recognition Expert (“DRE”) to conduct additional tests on Perdew. The DRE found Perdew’s blood pressure elevated…