Arik Bennett v. Mark Brnovich

facts and circumstances within the officer’s knowledge are sufficient to warrant a

prudent person to believe that the suspect has committed an offense.” Lingo v.

City of Salem, 832 F.3d 953, 960 (9th Cir. 2016). “The facts must be such that a

prudent person would conclude that there was a ‘fair probability’ the individual

committed the crime.” Id. at 960. “As a predicate to section 1983 liability, each

public official must integrally participate in the unlawful seizure[].” Reynaga

Hernandez v. Skinner, 969 F.3d 930, 941 (9th Cir. 2020).

1 Detective Sandoval filed a Notice of Intent Not to File an Answering Brief. Dkt. 17.

2 In Reynaga Hernandez, we held that a defendant who ordered the plaintiff to

be “picked up,” resulting in the plaintiff’s unlawful stop and detention, was an

“integral participant” for purposes of a Fourth Amendment claim under section

1983. 969 F.3d at 942. Here, Bennett sufficiently alleged that Defendant Sandoval

was an integral participant of Bennett’s arrest by alleging that “[t]he Doe

Defendants seized and arrested [Bennett], at the direction and order of

Sandoval . . . .” As alleged, Defendant Sandoval was certainly “more than a…