Morgan
Morgan v. City of Pleasant Hill
Opinion
lead Opinion
MEMORANDUM *
Sam Morgan appeals partial grants of summary judgment and judgment as a *687 matter of law, evidentiary rulings, and jury instructions. We find that each of these challenges is without merit and we affirm the district court.
I. SUMMAJEtY JUDGMENT
Morgan challenges the district court’s grant of partial summary judgment of the Fourth Amendment claims, arguing that a reasonable jury could have found false arrest and excessive force. This challenge lacks merit. Viewing the facts in the light most favorable to Morgan, the officers had probable cause to believe Morgan was committing a nighttime robbery of a store. Probable cause defeats a § 1983 claim for false arrest and imprisonment. See Cabrera v. Huntington Park, 159 F.3d 374 , 380 (9th Cir.1998). Additionally, the severity of the crime at issue and the potential for an immediate threat to the officers justified the force used. See Graham v. Connor, 490 U.S. 386, 396-97 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989). Thus, partial summary judgment on the grounds of qualified immunity was appropriate because the officers’ conduct did not violate any of Morgan’s Fourth Amendment rights.