Ditsler

MEMORANDUM **

Defendant Isaura Hernandez arrested Plaintiff John Robert Ditsler for molesting his seven-year-old daughter. A jury acquitted Plaintiff. He then sued Defendant under 42 U.S.C. § 1983 for deprivation of his Fourth Amendment rights. The district court granted summary judgment in favor of Defendant on the ground that she had probable cause to arrest Plaintiff. We affirm.

1. We review de novo a grant of summary judgment, Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004), and also review de novo the existence of probable cause, United States v. Valencia-Amezcua, 278 F.3d 901, 906 (9th Cir.2002). *501 To prevail on his claim for unlawful arrest under § 1988, as a violation of the Fourth Amendment, Plaintiff must show that Defendant made the arrest without probable cause. Dubner v. City & County of S.F., 266 F.3d 959 , 964 (9th Cir.2001). Probable cause exists when, taking together the totality of circumstances known to the arresting officer, a prudent person would conclude that there was a fair probability that the arrested person committed a crime. Gasho v. United States, 39 F.3d 1420, 1428 (9th Cir.1994). If Defendant had probable cause, Plaintiff’s arrest was lawful…