Stubblefield

MEMORANDUM **

Plaintiff Denise Stubblefield brought this action pursuant to 42 U.S.C. § 1983 , seeking damages based on her claim of wrongful arrest and imprisonment. The district court granted summary judgment for the defendants: the City of Las Vegas, the North Las Vegas Detention Center, and Correctional Officer J. Bash. Stubble-field timely appealed.

In order to establish a prima facie case under § 1983, the plaintiff must first establish that she “possessed a constitutional right of which [s]he was deprived.” Oviatt v. Pearce, 954 F.2d 1470 , 1474 (9th Cir. 1992); see also Baker v. McCollan, 443 U.S. 137, 140 , 99 S.Ct. 2689 , 61 L.Ed.2d 433 (1979). Regretfully, we agree with the district court that Stubblefield failed to do so.

Stubblefield argues that her wrongful arrest and imprisonment were a violation of her due process rights. However, although Stubblefield was not the “Denise Stubblefield” for whom the warrants were intended, she was arrested according to facially valid warrants. Her imprisonment of approximately four hours, although in error, was not unduly long so as to constitute a violation of her constitutional rights. See Baker, 443 U.S. at 144-47 ; Erdman,…