Brown

Brown v. Darcy

Good Law
552 F. App'x 730
United States Court of Appeals for the Ninth CircuitJanuary 21, 2014No. 11-17749California593 words

Opinion

Lead Opinion

MEMORANDUM ***

Jerome Brown appeals from the district court’s summary judgment in favor of the Las Vegas Metropolitan Police Department, the former sheriff, and four individual officers (collectively, “defendants”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

“We review the district court’s grant of summary judgment de novo. Viewing the evidence and drawing all inferences in the light most favorable to the non-moving party, we must determine whether any genuine issues of material fact remain and whether the district court correctly applied the relevant substantive law.” Bravo v. City of Santa Maria, 665 F.3d 1076, 1083 (9th Cir.2011) (citation omitted).

Brown asserts four claims for relief: (1) 42 U.S.C. § 1983 — False Arrest; (2) § 1983 — Custom and Policy; (3) Malicious Prosecution under state law; and (4) Punitive Damages. All four claims hinge on whether there was probable cause to arrest and prosecute Brown for robbery. See Cabrera v. City of Huntington Park, 159 F.3d 374, 380 (9th Cir.1998) (per cu-riam) (“To prevail on his § 1983 claim for false arrest ..., [plaintiff] would have to demonstrate that there was no probable cause to arrest him.”); Mabe v.…

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