UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

LONNIE CRAIG No. 16-16001 PATTERSON, Plaintiff-Appellant, D.C. No. 2:12-cv-01350-MCE-CKD v.

CITY OF YUBA CITY, ORDER CERTIFYING Defendant-Appellee. QUESTION TO THE CALIFORNIA SUPREME COURT

Filed March 7, 2018

Before: William A. Fletcher and Richard A. Paez, Circuit Judges, and Claudia Wilken,* District Judge.

* The Honorable Claudia Wilken, United States District Judge for the Northern District of California, sitting by designation. 2 PATTERSON V. CITY OF YUBA

SUMMARY**

Civil Rights

The panel certified the following question to the California Supreme Court:

Does a finding of probable cause at a preliminary hearing preclude a false arrest claim?

The panel withdrew the case from submission and stayed further proceedings pending final action by the California Supreme Court.

ORDER

We certify the question set forth in Part II of this order to the California Supreme Court. The answer to this question is dispositive of the case, is not provided by clear California precedent, and implicates the adjudication of California false arrest claims against law enforcement officers. See Cal. R. Ct. 8.548. Moreover, because the California Courts of Appeal are split on how best to resolve the issue, “considerations of comity and federalism suggest that the highest court in California, rather than our court, should have the opportunity to answer this question in the first instance.” Klein v. United States, 537F.3d1027, 1028 (9th Cir. 2008). We therefore respectfully request that the California Supreme

** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. PATTERSON V. CITY OF YUBA 3 Court exercise its discretion to decide the certified question presented below. All further proceedings in this case are stayed pending final action by the California Supreme Court, and this case is withdrawn from submission until further order of this court.

I. Administrative Information

We provide the following information in accordance with California Rule of Court 8.548(b)(1).

The caption of this case is:

No. 16-16001

LONNIE CRAIG PATTERSON,

Plaintiff and Appellant,

v.

CITY OF YUBA CITY,

Defendant and Appellee.

The names and addresses of counsel are:

For Plaintiff-Appellant Lonnie Patterson: Phillip A. Cooke, Law Offices of Phillip A. Cooke, 1215 Plumas St., Suite 1800, Yuba City, CA 95991; Curtis Brooks Cutter, John Parker, Jr., Cutter Law PC, 401 Watt Avenue, Sacramento, CA 95864. 4 PATTERSON V. CITY OF YUBA

For Defendant-Appellee City of Yuba City: Bruce A. Kilday, John A. Whitesides, Angelo, Kilday & Kilduff, 601 University Avenue, Suite 150, Sacramento, CA 95825.

If the request for certification is granted, Plaintiff- Appellant Lonnie Patterson should be deemed the petitioner in the California Supreme Court.

II. Certified Question

Pursuant to California Rule of Court 8.548(b)(2), we certify the following question of state law before us:

1. Does a finding of probable cause at a preliminary hearing preclude a false arrest claim?

Our phrasing of the question should not restrict the California Supreme Court’s consideration of the issues involved. Cal. R. Ct. 8.548(f)(5). We will accept and follow the decision of the California Supreme Court. Cal. R. Ct. 8.548(b)(2).