Guerrero

MEMORANDUM **

Emilio Guerrero appeals the district court’s grant of summary judgment in favor of Police Inspector Tittle for section 1983 claims and the City and County of San Francisco for a Monell claim. We affirm the district court.

We review de novo a grant of summary judgment. Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004). The parties are generally familiar with the facts of the case. We need not repeat them here.

I

Guerrero claims that Tittle made material false statements and omissions leading the magistrate to issue an arrest warrant in violation of Guerrero’s Fourth Amendment rights. To defeat a claim of qualified immunity, Guerrero must “both establish a substantial showing of a deliberate falsehood or reckless disregard and establish that, without the dishonestly included or omitted information, the magistrate would not have issued the warrant.” Hervey v. Estes, 65 F.3d 784, 789 (9th Cir.1995).

Even if Guerrero makes a substantial showing of Tittle’s deliberate falsehood or reckless disregard, Tittle is entitled to summary judgment because the falsehoods and omissions are not material. Probable cause is established and a neutral…