Newt

MEMORANDUM **

Lolita Newt (“Newt”) appeals the dismissal of her 42 U.S.C. § 1983 judicial deception claim against a confidential informant (“Doe 1”), the City and County of San Francisco, and San Francisco Police Officer Jon Kasper (“Officer Kasper”). She alleges that the warrant obtained to search her residence was based on untrue information from confidential police informants and that Officer Kasper, who filed the affidavit, violated her constitutional rights by conveying knowingly false information to the issuing judge.

A cognizable judicial deception claim under § 1983 requires Newt to show that the officer “made deliberately false statements or recklessly disregarded the truth in the affidavit and that the falsifications were material to the finding of probable cause.” Galbraith v. County of Santa Clara, 307 *38 F.3d 1119, 1126 (9th Cir.2002) (internal quotation marks omitted). An affidavit containing “deliberate or reckless omissions of facts that tend to mislead[,]” recklessly disregards the truth. United States v. Stanert, 762 F.2d 775, 781 (9th Cir.1985) (emphasis added).

Even though Newt has alleged that Officer Kasper “showed reckless disregard for the truth,” we…