Collins

MEMORANDUM *

Plaintiffs-Appellants Herb N. Collins and his family appeal the district court’s grant of summary judgment in their 42 U.S.C. § 1983 action to the Defendants-Appellees, the City of Sacramento and several police officers (Sacramento). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Because the parties are familiar with the facts, we do not recount them here except as necessary to explain our decision. Collins failed to make a substantial showing that Detective Patton obtained the warrant to search Collins’s home through deliberate falsehoods or reckless disregard for the truth. Accordingly, Detective Patton is entitled to qualified immunity in Collins’s claim of unreasonable search and seizure. See Butler v. Elle, 281 F.3d 1014, 1021, 1024 (9th Cir.2002).

*363 We need not decide whether the district court erred in granting summary judgment on the basis that the police officers had sufficient probable cause to arrest Collins following the search of his home. See McKenzie v. Lamb, 738 F.2d 1005, 1008 (9th Cir.1984) (“[S]ummary judgment is appropriate only if no reasonable jury could find that the officers did or did not have probable cause to arrest.”).…