Can a plaintiff bring a claim for unlawful arrest under section 1983 of the Fourth Amendment?

MultiRegion, United States of America

The following excerpt is from Tafoya v. City of Hanford, Case No. 1:20-cv-00010-LJO-SAB (E.D. Cal. 2020):

Plaintiff alleges that officers arrested him without reason. (Compl. 6.) "A claim for unlawful arrest is cognizable under 1983 as a violation of the Fourth Amendment, provided the arrest was made without probable cause or other justification." Dubner v. City & Cty. of San Francisco, 266 F.3d 959, 964 (9th Cir. 2001). "Probable cause to arrest exists when officers

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have knowledge or reasonably trustworthy information sufficient to lead a person of reasonable caution to believe that an offense has been or is being committed by the person being arrested." United States v. Lopez, 482 F.3d 1067, 1072 (9th Cir. 2007). "While conclusive evidence of guilt is of course not necessary under this standard to establish probable cause, [m]ere suspicion, common rumor, or even strong reason to suspect are not enough." Id. (internal quotations and citation omitted) (alteration in original).

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