Can a plaintiff bring a claim under section 1983 of the Criminal Code alleging that he was wrongfully arrested for use of pepper spray?

In this action, plaintiff alleges claims arising out of his arrest for use of pepper spray during an altercation at a dance club in Vacaville, California. Plaintiff alleges he was wrongfully arrested and imprisoned for three days. Plaintiff further alleges that the felony charge of use of tear gas was reduced to a misdemeanor and ultimately dismissed for lack of evidence. To prevail on a claim for false arrest under section 1983, plaintiff must demonstrate that there was no probable cause to arrest him. See Cabrera v. City of Huntington Park, 159 F.3d 374, 380 (9th Cir. 1998) ("To prevail on his 1983 claim for false arrest ..., [plaintiff] would have to demonstrate that there was no probable cause to arrest him."). The allegations as set forth in plaintiff's second amended complaint are insufficient to state a claim under section 1983. "Probable cause to arrest

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