Kevin Cairns v. County of El Dorado

MEMORANDUM ***

Kevin and Nancy Cairns appeal the district court’s order dismissing their 42 U.S.C. § 1983 suit against the County of El Dorado. We have jurisdiction, 28 U.S.C. § 1291, and we affirm.

1. “To prove a claim of malicious prosecution in California, the plaintiff must prove that the underlying prosecution: ‘(1) was commenced by or at the direction of the defendant and was pursued to a legal termination in [the] plaintiffs favor; (2) was brought without probable cause; and (3) was initiated with malice.’ ” Conrad v. United States, 447 F.3d 760, 767 (9th Cir. 2006) (quoting Sheldon…