Gonzalez

ORDER

This court’s memorandum disposition filed December 15, 2003 is withdrawn and replaced with the attached disposition.

With the filing of this new disposition, appellant’s petition for rehearing, filed December 29, 2003, is hereby DENIED.

MEMORANDUM **

Petitioner Arturo Gonzalez appeals the grant of summary judgment and dismissal of his § 1983 action for use of excessive force, for arrest without probable cause, and for malicious prosecution. Because the complaint and supporting evidence, when construed in the light most favorable to the plaintiff, properly allege a constitutional violation, we reverse the decision of the district court.

When reviewing a defendant’s motion for summary judgment, we take the facts in the light most favorable to the non-moving party. See Haugen v. Brosseau, 339 F.3d 857, 862 (9th Cir.2003) (citing Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001)); see also Fed.R.Civ.P. 56. Where there are disputes as to material issues of fact, summary judgment is not appropriate. Simo v. Union of Needletrades, 322 F.3d 602 , 610 (9th Cir.2003). In this case, the district court incorrectly resolved virtually all material disputes…