Navarro

Navarro v. City of South Gate

Good Law
81 F. App'x 192
United States Court of Appeals for the Ninth CircuitNovember 14, 2003No. 02-55395; D.C. No. CV-00-05977-MMMCalifornia2,468 words

Opinion

Lead Opinion

MEMORANDUM *

Jose Navarro appeals the grant of summary judgment in favor of defendants on Navarro’s First, Fourth and Eighth Amendment claims under 42 U.S.C. § 1983 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, reverse in part and remand to the district court.

We review de novo the district court’s grant of summary judgment on the ground of qualified immunity. Jackson v. City of Bremerton, 268 F.3d 646, 650 (9th Cir.2001). The relevant facts are known to the parties and are discussed here briefly and only as necessary.

I. Fourth Amendment

The district court granted summary judgment on Navarro’s claims for false arrest, abuse of process and malicious prosecution, finding that the Officers Carrillo and Lopez were entitled to qualified immunity. 1 A finding of qualified immunity depends on a two-part analysis. Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). First, we must determine whether, taken in the light most favorable to Navarro, the facts alleged show the officers’ conduct violated a constitutional right. Id. If we conclude such a violation could be made out, we must ask whether the right was clearly established.…

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