Lewis v. City of Manhattan Beach
CourtCourt of Appeals for the Ninth Circuit
Date FiledNovember 2, 2026
Docket25-2291
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 2 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARY LEWIS; DAVID EUGENE LEWIS, No. 25-2291
D.C. No.
Plaintiffs - Appellants, 2:23-cv-03319-WLH-RAO
v.
MEMORANDUM*
CITY OF MANHATTAN BEACH;
SHAWN THOMPSON, individual and
official capacity; STEVE KITSIOS,
individual and official capacity; DANIEL
BRANDT, individual and official capacity;
JENNIFER LEACH, individual and official
capacity; DONOVAN TORRES, individual
and official capacity; IAN MIKELSON,
individual and official capacity; DOES, 1
through 20, inclusive,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Wesley L. Hsu, District Judge, Presiding
Submitted October 29, 2026**
Pasadena, California
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Before: R. NELSON and H.A. THOMAS, Circuit Judges, and PITTS, District
Judge.***
Plaintiffs appeal the district court’s grant of summary judgment and dismissal
with prejudice of their judicial deception claim under 42 U.S.C. § 1983 in favor of
Defendants and its dismissal without prejudice of their state law false imprisonment
claim. We review the district court’s grant of summary judgment de novo, Pavoni
v. Chrysler Grp., LLC, 789 F.3d 1095, 1098 (9th Cir. 2015), and its dismissal of the
state law claim for abuse of discretion, Lima v. U.S. Dep’t of Educ., 947 F.3d 1122,
1125 (9th Cir. 2020). We affirm both the grant of summary judgment and the
dismissal.
1. To survive summary judgment, a plaintiff “alleging judicial deception
must make a substantial showing of deliberate falsehood or reckless disregard for
truth and establish that, but for the dishonesty, the challenged action would not have
occurred.” Hervey v. Estes, 65 F.3d 784, 788–89 (9th Cir. 1995) (cleaned up).
Without addressing whether the alleged inaccuracies in Detective Thompson’s
statement of probable cause were intentional, we conclude that any discrepancies
did not materially impact the issuance of the search warrant authorizing the search
of Plaintiffs’ home.
Applying all reasonable modifications proposed by Plaintiffs, the search
***
The Honorable P. Casey Pitts, United States District Judge for the
Northern District of California, sitting by designation.
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warrant affidavit still contains facts sufficient for a neutral magistrate to find
probable cause. See Baldwin v. Placer Cnty., 418 F.3d 966, 971 (9th Cir. 2005)
(“Franks [] permit[s] a court to purge the false statements and to sustain the warrant
if the unpurged residue would justify it.”) (citing Franks v. Delaware, 438 U.S. 154
(1978)). Even if Carrillo’s inconsistent testimony is redacted and the timestamp
from the security footage is included, the affidavit still describes the minor victim
noticing a man covertly recording him, Detective Thompson reviewing the security
footage and identifying the man fleeing the country club at approximately the same
time as Plaintiffs’ son, and Detective Thompson conducting surveillance to confirm
that Plaintiffs’ son resided at Plaintiffs’ home. These facts alone would have
established a “fair probability that . . . evidence of a crime would be found” at
Plaintiffs’ home. United States v. Ruiz, 758 F.3d 1144, 1148 (9th Cir. 2014) (cleaned
up).
Because these undisputed facts in Detective Thompson’s statement establish
probable cause, the district court correctly granted summary judgment in favor of
Defendants.
2. Having properly resolved all federal claims, the district court had
authority to decline to exercise supplemental jurisdiction over Plaintiffs’ remaining
state law claims. 28 U.S.C. § 1367(c)(3). Plaintiffs do not contest that the district
court’s dismissal without prejudice of their false imprisonment claim was within its
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discretion.
AFFIRMED.
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