Bennett

Bennett v. Gow

Good Law
345 F. App'x 286
United States Court of Appeals for the Ninth CircuitSeptember 10, 2009No. 08-35739California650 words

Opinion

Lead Opinion

MEMORANDUM **

William J. Bennett (“Bennett”) appeals the grant of qualified immunity and summary judgment in favor of Officer Sean Gow (“Officer Gow”), Jane Doe Gow, and Grays Harbor County (the “County”). We affirm.

A. Probable Cause for Arrest

An officer has probable cause for arrest if “ ‘the facts and circumstances *287 within the arresting officer’s knowledge are sufficient to warrant a prudent person to believe that a suspect has committed, is committing, or is about to commit a crime.’” Mackinney v. Nielsen, 69 F.3d 1002, 1005 (9th Cir.1995) (quoting United States v. Hoyos, 892 F.2d 1387, 1392 (9th Cir.1989)). Here, Bennett had possession of Deann Beglinger’s driver’s license and refused to return it to her; Officer Gow thus had probable cause to believe Bennett had committed third degree theft. See Wash. Rev.Code § 9A.56.020(1)(a)(2009). The arrest of Bennett was constitutionally reasonable, and the district court properly granted Officer Gow qualified immunity for the arrest. Because “[t]he existence of probable cause is a complete defense to an action for false arrest, false imprisonment, or malicious prosecution,” McBride v. Walla Walla County, 95 WashApp. 33, 975…

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