Mathis

MEMORANDUM **

Cynthia Mathis brought suit against the City of Oakland, the Oakland Police De *513 partment, and various Oakland police officers alleging various state and federal causes of action, including false arrest. On appeal from summary judgment, she argues that (1) her right to due process was violated when one of the officers, Officer Nash, did not verify the existence of the restraining order she had taken out against a neighbor after police were called to investigate a physical altercation between Mathis, her neighbor, and her neighbor’s daughters, and (2) the magistrate judge erred in concluding that Officer Nash had probable cause to arrest her.

Mathis did not raise a due process claim before the district court. As a general rule, we “do[] not consider an issue not passed upon below.” Dodd v. Hood River County, 59 F.3d 852, 863 (9th Cir.1995). We “may exercise discretion to review newly presented issues” under certain circumstances, Allen v. Ornoski, 435 F.3d 946, 960 (9th Cir.2006) (citing United States v. Flores-Montano, 424 F.3d 1044, 1047 (9th Cir.2005)), but Mathis has not shown that any such circumstances exist here.

We reject Mathis’s second contention as…