Carns v. Nye County, Nevada, 2:17-cv-01738

Background

On June 1, 2015, Officer McGill stopped William Carns in Pahrump, NV after observing license plates and registration that appeared to be issued by the Mohican (Stockbridge-Munsee) Tribe.
McGill believed the plate and registration were fictitious because the Tribe does not issue standard vehicle plates or registrations for the vehicle at issue; McGill arrested Carns for use of fictitious plates, improper registration, and impersonating an officer.
Officer Klenczar arrived but did not participate; Carns was booked, held about five hours, and released without charges.
Carns sued under 42 U.S.C. § 1983 and state law: alleged Fourth Amendment violation, malicious prosecution, false arrest/imprisonment, statutory theft, IIED, civil conspiracy, and negligence against Sheriff Wehrly and Nye County.
Both sides moved for summary judgment; the district court addressed probable cause for the arrest (Fourth Amendment) and declined supplemental jurisdiction over remaining state-law claims.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether McGill’s warrantless arrest violated the Fourth Amendment	Carns: arrest unlawful; no probable cause for fictitious plates or improper registration	Defendants: observed apparent tribal plate/registration; McGill knew Tribe does not issue such plates or register that vehicle type, so probable cause existed	Court: Found probable cause for arrest on both fictitious-plate and improper-registration grounds; grant D's MSJ, deny P's MSJ
Whether officers misapplied law regarding tribal plates/registration	Carns: his registration valid or at least disputed; no criminality shown	Defendants: tribal documents did not authorize the vehicle/plate observed; facts known to officer supported fair probability of crime	Court: Resolved factual/legal mix against Carns for summary judgment purposes — officer knowledge and statute supported probable cause
Whether remaining state-law claims should proceed in federal court	Carns: asserted multiple state-law torts to be adjudicated here	Defendants: argued dismissal of federal claim justifies declining supplemental jurisdiction	Court: After resolving federal claim, declined to exercise supplemental jurisdiction and dismissed state claims without prejudice
Whether any defendants besides McGill are liable under § 1983 for the arrest	Carns: alleged all defendants participated in or conspired in unlawful acts	Defendants: no basis to impute lack of probable cause beyond McGill’s conduct; Klenczar merely observed	Court: Summary judgment granted for defendants on federal claim based on McGill’s probable cause; no separate § 1983 liability sustained

Key Cases Cited

Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment standard and burden-shifting)
Lujan v. National Wildlife Federation, 497 U.S. 871 (1990) (disputed facts construed for nonmoving party)
Anderson v. Liberty Lobby, 477 U.S. 242 (1986) (court determines existence of genuine factual dispute; evidence must be significantly probative)
Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) (nonmoving party must show genuine issue of material fact)
T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626 (9th Cir. 1987) (requiring factual dispute sufficient to require a trier of fact)
Rosenbaum v. Washoe County, 663 F.3d 1071 (9th Cir. 2011) (probable cause analysis separates facts known to officer and applicable law)
Lacey v. Maricopa County, 693 F.3d 896 (9th Cir. 2012) (probable cause defined as fair probability suspect committed a crime)
United States v. Hartz, 458 F.3d 1011 (9th Cir. 2006) (probable cause standard discussion)
Wade v. Regional Credit Ass'n, 87 F.3d 1098 (9th Cir. 1996) (district court should decline supplemental jurisdiction when federal claims are dismissed)