Milstein

MEMORANDUM *

Plaintiff-Appellant Leonard Milstein (“Milstein”) brought a 42 U.S.C. § 1983 action against Defendants-Appellees Stephen Cooley (“Cooley”) and Robert Foltz (“Foltz”), alleging that they violated his due process rights and maliciously prosecuted him by fabricating evidence that he told a witness to he at a trial at which he was defense counsel, by filing a false crime report on the basis of their fabricated evidence, and by investigating him on the basis of the report. The district court granted summary judgment on the basis of qualified immunity to Cooley and Foltz. We review de novo the district court’s summary judgment, see Devereaux v. Abbey, 263 F.3d 1070, 1074 (9th Cir.2001) (en banc), and we affirm.

Because the parties are familiar with the facts, we do not restate them here.

To determine whether Cooley and Foltz were entitled to qualified immunity, we ask: (1) whether, “[t]aken in the light most favorable to [Milstein], ... the facts alleged show [Cooley’s and Foltz’s] conduct violated a constitutional right,” and (2) whether the constitutional right was “clearly established” such that “it would be clear to a reasonable officer that his conduct was unlawful…