Bushell-McIntyre

MEMORANDUM *

Laura Bushell-Mclntyre appeals the district court’s order granting judgment as a matter of law as to her federal unlawful arrest and excessive force claims and her state false arrest and unreasonable force claims. We review de novo. M2 Software, Inc. v. Madacy Entm’t, 421 F.3d 1073 , 1086 (9th Cir.2005), ceH denied, 547 U.S. 1069 , 126 S.Ct. 1772 , 164 L.Ed.2d 516 (2006). We affirm the district court’s judgment as to Bushell-Mclntyre’s federal unlawful arrest and state false arrest claims, but reverse the judgment as to her federal excessive force and state unreasonable force claims. The parties are familiar with the facts and we do not repeat them here.

I

Bushell-Mclntyre argues that the district court improperly substituted its own factual and credibility findings for those of the jury in holding that Foster had probable cause to arrest her for battery. We disagree.

Foster had probable cause to arrest Bu-shell-Mclntyre for battery because she touched his badge. See CaLPenal Code § 242 (Deering 2007) (defining criminal battery); People v. Collins, 10 Cal.App.4th 690 , 12 Cal.Rptr.2d 768 , 770 & n. 2 (Ct. App.1992) (same). Bushell-Mclntyre cannot succeed on her…