Deane

MEMORANDUM **

Deanne Deane was arrested for welfare fraud in connection with under reporting certain income. She alleges in this § 1983 action that the defendants caused this arrest in violation of her constitutional rights, and that they are liable to her in damages. The district court granted summary judgment to the defendants and Deane appeals. Because the facts are known to the parties, we do not recite them here.

*716 I.

The district court correctly rejected Deane’s judicial deception claim. The parties do not dispute that the Administrative Law Judge’s (“ALJ”) decision was attached to the probable cause affidavit. That decision contained the ALJ’s finding that Deane had good cause for not reporting some of the challenged income. Therefore, the magistrate judge who issued the arrest warrant had this determination before him when he reviewed the probable cause affidavit. Because the amount remaining that the Department overpaid Deane was still over the threshold necessary for the charged offense of welfare fraud ($400), Deane cannot establish that “but for [any] dishonesty, the challenged action would not have occurred.” But ler v. Elle, 281 F.3d 1014, 1024 (9th Cir.2002)…