Weinstein

MEMORANDUM *

Plaintiff-Appellant Stephanie Weinstein was wrongfully arrested for trespassing when she refused a police officer’s direction to leave a residential property she co-owned as a tenant-in-common. Weinstein sued the arresting officer, Christopher Harrison, and the City of Eugene under 42 U.S.C. § 1983 , alleging wrongful seizure in violation of the Fourth Amendment. The district court granted summary judgment to Harrison and the City, and Weinstein appeals. As the facts and *701 procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition.

I.

Weinstein first asserts that Officer Harrison violated her Fourth Amendment rights because he lacked probable cause to arrest her. Generally, “probable cause does not exist where a police officer arrests an individual for activities that do not constitute a violation of the law.” Beier v. City of Lewiston, 354 F.3d 1058, 1065-66 (9th Cir.2004). However, even under this circumstance, probable cause for an arrest exists where the officer makes the erroneous arrest relying on a reasonable mistake of fact. United States v. Miguel, 368 F.3d 1150, 1153-54 (9th Cir.2004)…