UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

JOHN H. MARRS,

Plaintiff-Appellant,

v.

SHON P. BOLES; CURTIS L. ODLE,

Defendants-Appellees.

No. 98-3211

(D.C. No. 96-CV-1079-MLB)

(D. Kan.)

ORDER AND JUDGMENT*

Before BRORBY, EBEL, and LUCERO, Circuit Judges.

John H. Marrs appeals the district court's grant of summary judgment to defendants on his civil rights claim of arrest without probable cause, filed pursuant to 42 U.S.C. § 1983.1 Our jurisdiction over this appeal arises under 28 U.S.C. § 1291.

The district court concluded that defendants were entitled to summary judgment because, on the record before it, probable cause for the arrest existed as a matter of law and because defendants were entitled to qualified immunity. On appeal, Mr. Marrs contends that his ultimate acquittal of the charges demonstrates a lack of probable cause and that defendants acted unreasonably under the circumstances. We review the district court's grant of summary judgment de novo. See Kaul v. Stephan, 83 F.3d 1208, 1212 (10th Cir. 1996).

After careful review of the record on appeal together with the applicable law and the parties' briefs on appeal, we conclude that the district court correctly decided this case. Therefore, for substantially the same reasons contained in the district court's Memorandum and Order dated July 15, 1998, the judgment of the United States District Court for the District of Kansas is AFFIRMED.

ENTERED FOR THE COURT

Carlos F. Lucero

Circuit Judge