O'Brien

O'Brien v. City of Tacoma

Good Law
247 F. App'x 58
United States Court of Appeals for the Ninth CircuitAugust 14, 2007Nos. 05-35917, 05-36069California1,477 words

Opinion

Lead Opinion

MEMORANDUM *

Shannon O’Brien appeals from the order granting summai'y judgment in favor of the City of Tacoma (“City”) and Tacoma Police Department (“TPD”) officers Michael Torres and David Fischer on her claims that the officers arrested her without probable cause for prescription fraud in violation of 42 U.S.C. § 1983 , and negligently failed to investigate allegations that she was attempting to fill a fraudulent prescription. 1 We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

I

We i’eject Ms. O’Brien’s contention that the district court erred in granting summary judgment in favor of Officers Torres and Fischer on the basis of qualified immunity. In evaluating an officer’s claim to qualified immunity, we must first determine “whether, ‘[t]aken in the light most favorable to the party asserting the injury, [ ] the facts alleged show the officer’s conduct violated a constitutional right.’ ” Davis v. City of Las Vegas, 478 F.3d 1048, 1053 (9th Cir.2007) (quoting Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001)) (alterations in original). “ ‘This must be the initial inquiry.’ ” Scott v. Harris, - U.S. -, 127 S.Ct. 1769, 1774 , 167 L.Ed.2d 686…

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