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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

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