Hale

Hale v. County of Los Angeles

Good Law
244 F. App'x 135
United States Court of Appeals for the Ninth CircuitJuly 19, 2007No. 06-55906California674 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Dennis Hale appeals the district court’s grant of summary judgment in fa *136 vor of Defendant County of Los Angeles in his 42 U.S.C. § 1983 action. Plaintiff asserts that police officers, employed by Defendant and acting pursuant to an official policy or custom, unlawfully detained him and used excessive force when conducting two pat-down searches for weapons. We review de novo the district court’s grant of summary judgment, Quest Communications, Inc. v. City of Berkeley, 433 F.3d 1253 , 1256 (9th Cir.2006), and we may affirm on any basis supported by the record, Enlow v. Salem-Keizer Yellow Cab Co., Inc., 389 F.3d 802, 811 (9th Cir.2004). We affirm.

The district court properly granted summary judgment on the claim of unlawful detention. Probable cause to arrest Plaintiff existed because the available facts suggested a “fair probability” that Plaintiff had committed a crime. See United States v. Hartz, 458 F.3d 1011, 1018 (9th Cir. 2006) (“A police officer has probable cause to arrest a suspect without a warrant if the available facts suggest a ‘fair probability’ that the suspect has committed a crime.”). During an attempt to post bail for a prisoner,…

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