Rincon-Perez

MEMORANDUM *

We conclude that the district court properly granted summary judgment to the individually-named defendant police officers and the City of Sparks, Nevada in Juan Rincon-Perez’s § 1983 action.

I

The officers had probable cause to arrest Rincon-Perez. Probable cause exists when “under the totality of the circumstances known to the arresting officers, a prudent person would have concluded that there was a fair probability that [the defendant] had committed a crime.” United States v. Carranza, 289 F.3d 634, 640 (9th Cir.2002) (quoting United States v. Garza, 980 F.2d 546, 550 (9th Cir.1992) (internal quotation marks and citations omitted)). Its existence is gauged “ ‘at the moment the arrest was made.’ ” Orin v. Barclay, 272 F.3d 1207, 1218 (9th Cir.2001) (quoting Beck v. Ohio, 379 U.S. 89, 91 , 85 S.Ct. 223 , 13 L.Ed.2d 142 (1964)). Together, the officers’ discovery on Rincon-Perez’s lawn of a motocross bike matching the victim’s description and the victim’s unequivocal eyewitness identification within 35 minutes of the crime, provided, at the time they effectuated his arrest, sufficient grounds for the officers’ belief that there was a fair *621 probability that…