CA9: On the scene determination of PC justified arreat and detention for 47 hours, despite later dismissal

There was probable cause for plaintiff’s arrest based on the officer’s on the scene determination. He was held 47 hours and released. The jury in the civil case found for the defendants, and the district court did not abuse its discretion in denying a new trial. Smith v. City & County of Honolulu, 2018 U.S. App. LEXIS 9141 (9th Cir. Apr. 12, 2018).

“Davis challenges the district court’s dismissal of his § 1983 claim against the City for the unconstitutional search of his home. Specifically, he argues that the district court failed to address his allegation that Manley, as the City’s Chief of Police, was a final policymaker such that his order to search Davis’s home without a warrant rendered the City liable absent any established custom or practice. We agree.” Davis v. City of Apopka, 2018 U.S. App. LEXIS 9403 (11th Cir. Apr. 12, 2018).