Is unlawful arrest cognizable under Section 1983 of the Fourth Amendment?

MultiRegion, United States of America

The following excerpt is from Johnson v. City of Atwater, Case No. 1:16-cv-01636-AWI-SAB (E.D. Cal. 2017):

It is well established that a claim for unlawful arrest is cognizable under 1983 as a violation of the Fourth Amendment, if 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);

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Rosenbaum v. Washoe Cty., 663 F.3d 1071, 1076 (9th Cir. 2011). "Probable cause exists when, under the totality of the circumstances known to the arresting officers (or within the knowledge of the other officers at the scene), a prudent person would believe the suspect had committed a crime." Dubner, 266 F.3d at 966.

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