Jordan

MEMORANDUM **

Paul Jordan appeals from a jury verdict in favor of defendant Julio Alearaz in this 42 U.S.C. § 1983 civil rights action. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not erroneously instruct the jury on the burden of proof for Jordan’s claim that Alearaz lacked probable cause to arrest him. In the Ninth Circuit, the burden of proof in § 1983 cases remains always with the plaintiff. *658 However, we have adopted a burden shifting approach once the plaintiff makes a prima facie case:

Dubner v. City and County of San Francisco, 266 F.3d 959, 965 (9th Cir.2001) (collecting cases). Assuming that Jordan made out a prima facie case, the burden of production — but not the burden of proof— shifted to Alcaraz. He satisfied the burden of production by putting on evidence of probable cause at trial. There is no question that the burden of proof was always Jordan’s. Thus, the district court correctly instructed the jury that:

Accordingly, the judgment is AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Cir. R. 36-3.