United States Ninth Circuit
Smith v. Almada, 09-55334
In an action for false arrest, malicious prosecution, and suppression of exculpatory evidence, and raising a substantive due process claim for deprivation of familial relations, the district court's summary judgment order is affirmed where: 1) the changes suggested by plaintiff to defendant's warrant application did not compel the conclusion that "a neutral magistrate would not have issued the warrant"; and 2) even after correcting for the allegedly false and omitted information in defendant's warrant application, probable cause supported plaintiff's arrest for arson.
Appellate Information
- Decided 10/19/2010
- Published 10/19/2010
Judges
- James S. Gwin
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Brett J. Votterro, Anthony P. Serritella