Palter

MEMORANDUM ***

Anthony Palter appeals the district court’s decision granting summary judgment to the City of Garden Grove (“City”), the Garden Grove Police Department (“Police”), and Officer Rocky Rubalcaba, in Patter’s 42 U.S.C. § 1983 action alleging wrongful detention and psychiatric evaluation pursuant to California Welfare and Institutions Code § 5150 without probable cause. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Patter was detained by Rubalcaba pursuant to § 5150 on April 4, 2003, after 911 received a phone call from Patter’s friend Lucy Pedemonti, stating that Patter was suicidal, and Rubalcaba determined that detention was appropriate. 2 Officer Rubalcaba then transported Patter to the University of California Irvine Medical Center for further evaluation. Patter was subsequently evaluated by doctors and released; at which time, Rubalcaba drove Patter back to his car.

Patter sued alleging wrongful detention and psychiatric evaluation under Cal. Welf. & InstCode § 5150. On July 29, 2005, the district court granted summary judgment in favor of all defendants on all causes of action. On appeal, Patter argues that Rubalcaba lacked probable cause…