Nickel

MEMORANDUM **

Plaintiffs-Appellants Russell R. Nickel and Precision Theatrical Effects, Inc. (PTE) appeal the district court’s order granting summary judgment in favor of the Defendants-Appellees on claims brought under 42 U.S.C. § 1983 and Montana law. Reviewing the district court’s order de novo, see Chamber of Commerce v. Lockyer, 463 F.3d 1076 , 1082 (9th Cir.2006) (en banc), we affirm the dismissal of Nickel’s § 1983 and malicious prosecution claims. We reverse the court’s grant of summary judgment on Nickel’s state-based constitutional right of privacy claim, and remand for further proceedings.

I. Faycosh

The district court properly granted summary judgment in favor of Faycosh on Nickel’s § 1983 claims. Nickel argues that Faycosh committed judicial deception in his warrant applications by characterizing government witness Chris Ringer as a “confidential informant.” Although Fay-cosh’s characterization was inaccurate, Nickel has not established that absent the mischaracterization, “the magistrate would not have issued the warrant.” Hervey v. Estes, 65 F.3d 784, 789 (9th Cir.1995). Faycosh could have characterized Ringer as a non-anonymous source who was motivated by “good…