Kane

MEMORANDUM **

This case involves a suit brought by Patricia Kane pursuant to 42 U.S.C. § 1983 for unlawful arrest in violation of her constitutional rights. The suit was brought against Detective Russell Whit-comb, a police officer of the City of Helena, Lewis and Clark County, and others.

Although Kane characterizes this as an interlocutory appeal of the district court’s grant of summary judgment on September 25, 2002, it is in actuality an appeal from the final judgment entered on February 4, 2003. The notice of appeal was timely filed on February 13, 2003. The issues raised in this appeal are from the final judgment concerning the rulings of Magistrate Judge Ostby in granting the summary judgment against Kane.

The Police Department of the City of Helena was contacted concerning the possible theft of property from Bryan Hilger by Patricia Lee Kane. Detective Whitcomb was assigned to investigate, which he did for about a month. He concluded that there was probable cause to arrest Kane for theft of Hilger’s property. He prepared an affidavit for an arrest warrant and took it to Lewis and Clark County Attorney Mike McGrath who agreed that his affidavit justified a warrant…