855 F.2d 860 (9th Cir. 1988), 87-6084, Cowles v. Davison

Docket Nº:87-6084.
Citation:855 F.2d 860
Party Name:Rod COWLES, Plaintiff-Appellant, v. Louie DAVISON; Glynn Johnson; Terry Ford; Mike Pagan; George Lanterman; William J. Perry; Grace Brouillette; Larry Thayer and City of Banning, Defendants-Appellees.
Case Date:July 29, 1988
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 860

855 F.2d 860 (9th Cir. 1988)

Rod COWLES, Plaintiff-Appellant,

v.

Louie DAVISON; Glynn Johnson; Terry Ford; Mike Pagan; George Lanterman; William J. Perry; Grace Brouillette; Larry Thayer and City of Banning, Defendants-Appellees.

No. 87-6084.

United States Court of Appeals, Ninth Circuit

July 29, 1988

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Argued and Submitted April 7, 1988.

C.D.Cal.

AFFIRMED.

Appeal from the United States District Court for the Central District of California; A. Wallace Tashima, District Judge, Presiding.

Before JAMES R. BROWNING, NELSON and CANBY, Circuit Judges.

MEMORANDUM [*]

Rod Cowles, Mayor of the City of Banning, California ("Cowles") appeals the grant of summary judgment in his 42 U.S.C. § 1983 action against appellees Louis Davison, Banning Chief of Police and Glynn Johnson, George Lanterman and Terry Ford, Banning police officers. Appellees arrested Cowles for the suspected sexual abuse of his children, on the basis of information provided by the children and Cowles' ex-wife. The facts supporting a determination that the officers possessed probable cause to arrest are set out at length in the district court's opinion. See Memorandum Decision, 1-11 (filed April 1, 1987) contained in the Excerpt of Record at 106. The children later recanted their stories after the arrest. Cowles was released two days later, he was never prosecuted and the case was closed.

Cowles does not appeal the district court's holding that the police officers were entitled to immunity from suit for seeking an increase in the amount of bail. Nor does he challenge the holding that Cowles pled no facts establishing any use of excessive force during the arrest. Cowles also does not appeal the dismissal of his pendent state claim for defamation. Additionally Cowles does not contest the dismissal of the City of Banning, William J. Perry or Mike Pagan as defendants in this action.

A conditional dismissal as to Investigator Thayer and Deputy District Attorney Brouillette was entered so that Cowles could appeal the grant of summary judgment. The only issues before this court are whether the district court erred in finding that there was probable cause for Cowles' arrest and...

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