Summer

Summer v. San Bernardino County

Good Law
122 F. App'x 369
United States Court of Appeals for the Ninth CircuitFebruary 14, 2005No. 03-55471California484 words

Opinion

Lead Opinion

MEMORANDUM **

Warren Summer and his wife Karin Winkler appeal pro se the district court’s judgment in favor of defendants in their 42 U.S.C. § 1983 action alleging conspiracy, false arrest, malicious prosecution, and a Monell claim against San Bernardino County, Sheriff Deputy Dale Mondary, and several other named individuals. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir. 2000) (en banc), and dismissal for failure to state a claim, Williamson v. Gen. Dynamics Corp., 208 F.3d 1144, 1149 (9th Cir. 2000). “We may affirm the district court’s dismissal on any ground supported by the record,” Wolfe v. Strankman, 392 F.3d 358, 361 (9th Cir.2004).

The district court properly granted summary judgment to defendant Mondary, because he had probable cause to believe that Summer violated the terms of a restraining order by photographing and harassing a protected member of the Crawford family. See Dubner v. City and County of San Francisco, 266 F.3d 959, 964-65 (9th Cir.2001) (holding that probable cause exists when, under the totality of the circumstances, a prudent person…

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