Halpern

Halpern v. City of Santa Cruz

Good Law
178 F. App'x 683
United States Court of Appeals for the Ninth CircuitMay 3, 2006No. 04-16221California761 words

Opinion

lead Opinion

MEMORANDUM **

Kevin Halpern challenges the district court’s summary judgment dismissing his 42 U.S.C. § 1983 and state false imprisonment claims against Officers Abraham Rodriguez and David Perry, and the City of Santa Cruz. Halpern argues that there are triable issues of fact regarding whether the officers detained him without rea *685 sonable suspicion, and arrested him without probable cause. Viewing the evidence in the light most favorable to Halpern, we must determine de novo whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. See Olsen v. Idaho State Bd. of Medicine, 363 F.3d 916 , 922 (9th Cir.2004) (citing United States v. City of Tacoma, 332 F.3d 574, 578 (9th Cir.2003)). We affirm the district court.

To have reasonable suspicion to detain a suspect, an officer must have “a particularized and objective basis” for suspecting a crime given the totality of circumstances. See United States v. Arvizu, 534 U.S. 266, 273 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002). To have probable cause to arrest a suspect, the arresting officer must have trustworthy information at the time of arrest “sufficient to…

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