Villegas

MEMORANDUM *

Eric Hackett, a police officer with the City of Calexico, California, and the City appeal the district court’s grant of summary judgment on the claims of Juan Vil- *581 legas for illegal seizure in violation of the Fourth Amendment 1 and for false arrest pursuant to state law. They also appeal the denial of qualified immunity to Hack-ett. We affirm in part and dismiss in part.

Villegas was arrested when he stood in the doorway of his home and refused to consent to the entry of officers, including Hackett. They had an arrest warrant for another person, Jesus Lopez Martinez Vil-legas, but had no search warrant to enter the home itself.

On this record, it was clear that the officers did not have reasonable or probable cause to believe that the person for whom they held the warrant either resided in or was to be found at Villegas’ home. See Steagald v. United States, 451 U.S. 204, 211-16, 101 S.Ct. 1642, 1647-50 , 68 L.Ed.2d 38 (1981); Payton v. New York, 445 U.S. 573, 602-03, 100 S.Ct. 1371, 1388 , 63 L.Ed.2d 639 (1980); Watts v. County of Sacramento, 256 F.3d 886, 889-90 (9th Cir. 2001); United States v. Harper, 928 F.2d 894, 896-97 (9th Cir.1991); see also United…