Facts

Plaintiff Octavio Suarez was arrested and charged with the murder of Miguel Herrera. During the investigation, plaintiff alleged he was misidentified by a witness to the incident. The information against plaintiff was eventually dismissed, and he filed an action for malicious prosecution against defendants County of Los Angeles, Los Angeles County Sheriff's Department, Detective Josue Torres, and Sergeant Jose Rojas. Plaintiff later amended to assert false arrest.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that plaintiff's arrest was unlawful because it lacked probable cause.

DEFENDANT'S CONTENTIONS: Defendants claimed that the arrest was proper because there was probable cause for plaintiff's arrest; plaintiff was collaterally estopped from arguing lack of probable cause because the magistrate found sufficient cause to hold him over during the preliminary hearing. Defendants are entitled to qualified immunity.

Result

Motion for summary judgment granted for defendants as to each of plaintiff's claims. The court found that there was probable cause for plaintiff's arrest, regardless of whether plaintiff actually committed the crime, because he was similar to the description of the suspect provided by the witness and was identified by the same witness from a six-pack photographic lineup, both of which provided probable cause. The court also held there was collateral estoppel on the issue of probable cause because the magistrate at the preliminary hearing found sufficient cause to hold plaintiff over for trial. The court further found that defendants were entitled to qualified immunity.