Scallion

MEMORANDUM **

Wendy Scallion appeals from the district court’s summary judgment in her 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 and we affirm in part and reverse in part.

The district court correctly concluded that the Hawthorne Police Department officers had probable cause to arrest Scallion for violating the California Vehicle Code by not using an illuminated headlight after dark. Accordingly, Scallion’s arrest was lawful under the Fourth Amendment. See, e.g., Beier v. City of Lewiston, 354 F.3d 1058, 1065 (9th Cir.2004) (“An arrest is supported by probable cause if, under the totality of circumstances known to the arresting officers [at the time of the arrest], a prudent person would have concluded that there was a fair probability that [the defendant] had committed a crime.” (internal quotation marks omitted) (second alteration in original)); see also Tatum v. City & County of San Francisco, 441 F.3d 1090 , 1094 (9th Cir.2006) (citing Atwater v. City of Lago Vista, 532 U.S. 318, 354 , 121 S.Ct. 1536 , 149 L.Ed.2d 549 (2001)) (noting that “[a]n officer who observes criminal conduct may arrest the offender without a warrant, even if the pertinent…