Arnold
Arnold v. City of Scappoose
Opinion
Lead Opinion
MEMORANDUM **
Mervin and Nellie Arnold appeal pro se the district court’s summary judgment dismissal of their 42 U.S.C. § 1983 action alleging that defendants committed various constitutional and state law torts when they arrested him, drew his blood for alcohol testing pursuant to a warrant, and provided medical treatment against his wishes. We have jurisdiction' pursuant to 28 U.S.C. § 1291 . We review de novo, Gallegos v. City of Los Angeles, 308 F.3d 987, 990 (9th Cir.2002), and we affirm.
The district court properly granted summary judgment on Arnold’s claims that he was arrested without probable cause and unconstitutionally searched. The evidence submitted showed that police had probable cause to arrest Arnold because they found him collapsed on a laundromat floor, wavering in and out of consciousness, smelling of alcohol, with his van parked haphazardly against the side of a nearby building. See Mackinney v. Nielsen, 69 F.3d 1002, 1005 (9th Cir.1995). The police properly searched Arnold, his wallet, and his van pursuant to a valid arrest. See United States v. Passaro, 624 F.2d 938, 943-44 (9th Cir.1980). Further, a judge would likely issue a warrant to test Arnold’s blood…