Robert Yousefian v. City of Glendale, 2015 U.S. App. LEXIS 3533

Background

On Aug. 19, 2007, Robert Yousefian called police after an altercation in which he struck his father‑in‑law, Matavos Moradian, who was found bleeding from a head wound; Moradian and his wife reported no provocation.
Officer Michael Lizarraga arrested and booked Yousefian for assault with a deadly weapon; Lizarraga’s contemporaneous police report documented the scene and victims’ statements.
After the arrest, Lizarraga began a sexual relationship with Nora (the victim’s daughter and a witness), did not disclose it to supervisors or prosecutors, and later encouraged Nora to conceal the relationship.
Detective Petros Kmbikyan investigated follow‑up matters (including drug evidence Nora produced); Kmbikyan did not timely disclose certain exculpatory drug‑test results to the prosecutor and failed to record a promised interview.
Drug charges were dismissed at the preliminary hearing (magistrate found Nora fabricated evidence); assault and elder‑abuse charges proceeded to trial, and a jury acquitted Yousefian in 2010. Lizarraga was later terminated by the Glendale PD for unbecoming conduct.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
False arrest / malicious prosecution for assault & elder abuse — was there probable cause?	Yousefian: his call and claim of self‑defense negate probable cause; Lizarraga should have credited exculpatory evidence.	Officers: scene evidence (elderly victim bleeding, admissions by victims) and Lizarraga’s reports established probable cause.	Probable cause existed; summary judgment for defendants affirmed.
Effect of Lizarraga’s post‑arrest sexual relationship with a witness on probable cause and prosecution	Yousefian: affair tainted investigation and prosecutorial decision, so probable cause and process were undermined.	Defendants: relationship began after scene evidence was collected and documented; it did not negate preexisting probable cause.	Affair reprehensible but did not erase the preexisting probable cause; claims fail.
Malicious prosecution re: drug possession charges — lack of disclosure and causation of seizure	Yousefian: Kmbikyan failed to disclose exculpatory drug‑test evidence and misled re: fingerprints, so prosecution lacked probable cause and caused seizure.	Defendants: no arrest on drug charges; any OR release conditions were identical to those imposed for assault/elder abuse, so drug charges did not cause additional seizure.	No constitutional injury from drug charges because release conditions would have applied regardless; claim fails.
Municipal (Monell) liability of City of Glendale	Yousefian: City is liable for customs/policies that allowed officer misconduct.	City: no constitutional violation by officers; hence no municipal liability.	Because no officer constitutional violation, Monell claim fails; summary judgment affirmed.

Key Cases Cited

Devereaux v. Abbey, 263 F.3d 1070 (9th Cir.) (summary judgment review standards)
Barry v. Fowler, 902 F.2d 770 (9th Cir.) (probable cause requirement for false arrest/malicious prosecution)
Awabdy v. City of Adelanto, 368 F.3d 1062 (9th Cir.) (elements and prosecution independence analysis)
Michigan v. DeFillippo, 443 U.S. 31 (1979) (probable cause standard)
Broam v. Bogan, 320 F.3d 1023 (9th Cir.) (officer must not ignore exculpatory evidence negating probable cause)
Albright v. Oliver, 510 U.S. 266 (1994) (malicious prosecution claims under § 1983 require a seizure or other constitutional right violation)
Harper v. City of Los Angeles, 533 F.3d 1010 (9th Cir.) (causation and injury analysis for prosecution‑related seizures)
City of Los Angeles v. Heller, 475 U.S. 796 (1986) (no municipal liability when no underlying constitutional violation)