Fayer v. Vaughn, 649 F.3d 1061 (9th Cir. 2011).
Jan 01, 2011OUTCOME: Affirmed
Fayer brought state-court action against Nevada Gaming Control Board, its agent, and the Mirage alleging false arrest, conspiracy to commit false arrest, false imprisonment, and premises liability unde ... r state and federal law. Following removal, the District Court granted Mirage’s motion to dismiss, and Fayer appealed. The Ninth Circuit held that the Complaint plead probable cause for the arrest, thus precluding § 1983 claims for false arrest, conspiracy to commit false arrest, and false imprisonment. Furthermore, based on the language in the pleadings, Fayer failed to state claim for civil battery and for premises liability.
