Hart

MEMORANDUM **

Plaintiff-Appellant Anthony Hart appeals the district court order granting Defendant-Appellee Gregory Gaioni’s 1 motion for summary judgment on the basis of qualified immunity. 2 We review the grant of summary judgment de novo, Munger v. City of Glasgow Police Dept., 227 F.3d 1082 , 1085 (9th Cir.2000), and we affirm.

Hart was indicted for violation of 18 U.S.C. § 922 (a)(6), which makes it unlawful to knowingly making a false statement when attempting to purchase a firearm. After he was acquitted, Hart brought this Bivens 3 action against ATF Special Agent Gaioni for malicious prosecution and unlawful arrest in violation of the Fifth Amendment. Specifically, Hart argues that Gaioni did not have probable cause to conclude that Hart knowingly made a false statement on ATF Form 4473 when he denied having been convicted of a misdemeanor crime of domestic violence.

Gaioni is entitled to qualified immunity if a reasonable officer in the same circumstances would have thought probable cause existed. See Saucier v. Katz, 533 U.S. 194 , 202, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). Probable cause exists when “the facts and circumstances within [the officer’s] knowledge and…