Thomas

MEMORANDUM **

James Thomas appeals from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging violations of his Fourth and Fourteenth Amendment rights when police officers cited him for violating a city ordinance prohibiting “camping” or “dwelling” in a city park. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Sanchez v. County of San Diego, 464 F.3d 916, 920 (9th Cir.2006), and we affirm.

The district court correctly concluded that Talent police officials were entitled to qualified immunity regarding Thomas’s claim that he was unreasonably stopped and issued a citation because, even though an Oregon state court later ruled that the city ordinance was invalid, a reasonable officer could have believed that the ordinance was constitutional. See Grossman v. City of Portland, 33 F.3d 1200, 1209 (9th Cir.1994) (“[Wjhere a police officer has probable cause to arrest someone under a statute that a reasonable officer could believe is constitutional, the officer will be immune from liability even if the statute is later held to be unconstitutional.”)

The district court correctly granted summary judgment to defendants on…