Hall

MEMORANDUM **

Robbie Lee Hall appeals the district court’s grant of summary judgment to the appellees based on qualified immunity. We affirm.

Hall was arrested for second-degree criminal trespass, which is a misdemeanor under Washington state law. Wash. Rev. Code § 9A.52.080 (2006); see also Wash. Rev.Code § 9A.52.O1O0) (2006). Because we agree with the district court that the arresting officers had probable cause to arrest Hall for his presence on the railroad tracks, the district court properly dismissed Hall’s action under 42 U.S.C. § 1983 . See Barry v. Fowler, 902 F.2d 770, 772 (9th Cir.1990). The district court was correct in concluding that the defendants were entitled to qualified immunity because Hall was not deprived of a constitutional right. See Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (holding that first prong of qualified immunity inquiry is to determine whether a constitutional right was violated); see also Skoog v. County of Clackamas, 469 F.3d 1221, 1229 (9th Cir.2006).

Although the officers did not observe Hall on the railroad tracks, their arrest for his presence on the tracks did not violate any constitutional right. This…