Robert Garber v. Gildardo Vizcarra

MEMORANDUM

Robert Garber appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging unlawful search and seizure, harassment, and conspiracy. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001). We affirm.

The district court properly granted summary judgment on Garber’s claims alleging unlawful, search and seizure because Gar-ber failed to raise a genuine dispute of material fact as to whether defendant police officers lacked probable cause to arrest him. See United States v. Lopez, 482 F.3d 1067, 1072 (9th Cir.2007) (“Probable cause to arrest exists when officers have knowledge or reasonably trustworthy information sufficient to lead a person of reasonable caution to believe that an offense has been or is being committed by the person being arrested.”).

The district court properly granted summary judgment on Garber’s claim alleging harassment in violation of his substantive due process rights because Garber failed to raise a genuine dispute of material fact as to whether the officers harassed him.

The district court properly granted summary judgment on Garber’s claim alleging…