James

James v. Adams County

Good Law
270 F. App'x 573
United States Court of Appeals for the Ninth CircuitMarch 17, 2008No. 06-35296California918 words

Opinion

lead Opinion

MEMORANDUM *

Larry James was arrested by a deputy sheriff of Adams County, Idaho, for entering the driveway of his estranged wife’s residence in violation of a protection order. He brought this action against the County, several law enforcement personnel, and a magistrate, alleging various state law claims and claims under 42 U.S.C. §§ 1983 and 1985 arising out of the arrest. The district court granted summary judgment for the defendants. On appeal, James argues that the district court erred in holding that the arresting officer, Deputy Brown, had probable cause to arrest James. He also challenges the district court’s ruling that Judge James Peart and Myron Gabbert enjoyed immunity from suit as a magistrate and prosecutor, respectively. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

A. Probable Cause

We review de novo a probable cause determination in a false arrest case. See Picray v. Sealock, 138 F.3d 767, 770-71 (9th Cir.1998). “ ‘Probable cause exists when there is a fair probability or substantial chance of criminal activity.’ ” United States v. Soriano, 361 F.3d 494, 505 (9th Cir.2004) (quoting United States v. Bishop, 264 F.3d 919, 924 (9th Cir.2001)). “It is…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.