Sarmiento

MEMORANDUM *

In granting summary judgment in favor of the defendants, the district court evaluated the plaintiffs’ (hereinafter “Sarmiento”) claims under the standard set forth in Devereaux v. Abbey, 263 F.3d 1070, 1076 (9th Cir.2001). The court did not err in its Devereaux analysis. Sarmiento, however, also asserted claims based on an alleged Franks violation. See Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978). Sarmiento contends *934 that fire investigator Muller intentionally or recklessly withheld material information from the King County Prosecutor’s Office, information which, had it been included in Muller’s reports, would have demonstrated an absence of probable cause to believe that Sarmiento was the one who started the fire.

The district court should have undertaken a Franks analysis. In Franks , the Supreme Court held that a police officer violates the Fourth Amendment if he “recklessly or knowingly includes false material information in, or omits material information from, a search warrant affidavit[.]” Mendocino Envtl. Ctr. v. Mendocino County, 192 F.3d 1283 , 1295 (9th Cir. 1999). The Court further held that “if the allegedly false…