What is the only seizure Yousefian suffered as a result of his prosecution on simple drug possession charges?

The only seizure Yousefian could arguably have suffered as a result of his prosecution on the simple drug possession charges was being subjected to own-recognizance (OR) release conditions ⁶ between the time of his arraignment and the time of his preliminary hearing. Those conditions would, however, have applied to him in any event, because during that period, he was subjected to those same conditions in connection with his OR release on the assault and elder abuse charges. In some cases, the inclusion of charges unsupported by probable cause in addition to charges that are supported might result in more restrictive conditions of release or increased bond. Here, however, the same release conditionsthe minimum conditions required by statutewere imposed on both sets of charges. Moreover, the same conditions remained in place after the drug charges were dismissed. Even assuming that subjecting Yousefian to the OR release conditions constituted a seizure, he would have been subjected to that seizure regardless of the filing of the drug possession charges. The OR release conditions were properly imposed as a result of the assault and elder abuse charges, and would have restrained Yousefian's liberty (assuming it was restrained) in exactly the same manner and to precisely the same degree, regardless of the filing of the drug possession charges. Thus, the drug prosecution was not the cause of Yousefian's suffering any restraint he would not otherwise have suffered. See Harper v. City of L.A., 533 F.3d 1010, 1026 (9th Cir.2008). In sum, Yousefian suffered no civil rights injury as a result of the OR release conditions in connection with the drug possession charges, and thus summary judgment

[779 F.3d 1016]

as to the individual defendants on the drug possession claim is affirmed.