United States Ninth Circuit

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Yousefian v. City of Glendale, 12-57269

In this action alleging false arrest and malicious prosecution, plaintiff was arrested by defendant police officers for an alleged assault on his father-in-law. After plaintiff's arrest, his wife met with one of the police officers and gave him drugs which she purported to have found in plaintiff's car. Soon thereafter, the police officer and plaintiff's wife began a sexual relationship, and plaintiff was charged with assault, elder abuse, and two counts of drug possession. The drug charges were eventually dismissed for lack of probable cause, and a jury acquitted plaintiff the remaining charges, and after conducting an internal investigation, the City of Glendale terminate the police officer for conduct unbecoming of an officer. Summary judgment in favor of defendants is affirmed, where: 1) notwithstanding plaintiff's self-defense claim, there was probable cause to arrest and prosecute plaintiff for assault and elder abuse; 2) because the police officer's relationship with plaintiff's wife began after all of the evidence related to the altercation had been collected and documented, the officer's later misconduct did not undermine the existence of probable cause; and 3) plaintiff failed to demonstrate a Fourth Amendment seizure with respect to the drug possession charges.

Appellate Information

  • Decided 03/05/2015
  • Published 03/05/2015

Judges

  • Reinhardt

Court

  • United States Ninth Circuit

Counsel


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