Civil Rights Action

In Smith v. Almada, No. 09-55334, 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 court affirmed summary judgment for defendant 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.

 

Related Resources

  • Read the Ninth Circuit’s Decision in Smith v. Almada, No. 09-55334

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