Cynthia Anderson v. Bainbridge Island City Of

MEMORANDUM

Cynthia L. Anderson appeals the district court’s grant of summary judgment in favor of Defendants City of Bainbridge Island, Officer James Mark Duncan, Officer Susan J. Shultz, and Bainbridge Island Police Department. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the district court.

The district court did not err in finding that Officer Duncan had probable cause to take Anderson into custody for an involuntary mental health assessment. Although the district court improperly relied on disputed statements and events that occurred after Anderson was taken into custody, we review de novo and affirm the district court’s conclusion. See Video Software Dealers Ass’n v. Schwarzenegger, 556 F.3d 950, 956 (9th Cir.2009). The undisputed facts in the record, viewed in the light most favorable to Anderson, show that at the time Anderson was taken into custody, Officer Duncan had probable cause to believe Anderson suffered from a mental disorder and presented an imminent likelihood of serious harm. See Luchtel v. Hagemann, 623 F.3d 975, 979 (9th Cir.2010).

The district court did not err in granting summary judgment on Anderson’s substantive due process claim. There…