Alhofen

Alhofen v. Monteilh

Good Law
118 F. App'x 170
United States Court of Appeals for the Ninth CircuitDecember 1, 2004No. 03-16960; D.C. No. CV-01-00660-LEKCalifornia451 words

Opinion

Lead Opinion

*171 MEMORANDUM *

Michael Alhofen brought a § 1983 action against Officer Gene Monteilh alleging that Monteilh violated his Fourth Amendment rights by arresting him without probable cause. After the jury found that Monteilh lacked probable cause, the district court granted Monteilh’s judgment as a matter of law on qualified immunity grounds.

We affirm the district court’s determination that Monteilh is entitled to qualified immunity. Officer Monteilh conducted an objectively reasonable investigation before the arrest and is entitled to qualified immunity even though the jury found that he lacked probable cause. Hunter v. Bryant, 502 U.S. 224, 229 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991) (per curiam) (“[Qjualified immunity ... ‘gives ample room for mistaken judgments’ by protecting ‘all but the plainly incompetent or those who knowingly violate the law.’ ” (quoting Malley v. Briggs, 475 U.S. 335, 343, 106 S.Ct. 1092 , 89 L.Ed.2d 271 (1986))); Graves v. City of Coeur D’Alene, 339 F.3d 828 , 848 n. 25 (9th Cir.2003).

At the time of the arrest, Monteilh knew that Alhofen was a suspect in a “terroristic threatening” case. He called Honolulu Police Department dispatch and discovered…

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