PER CURIAM:
We affirm the district court's dismissal of Alex Fayer's amended complaint under Federal Rule of Civil Procedure 12(b)(6). Nevada Revised Statutes ("NRS") § 205.465 makes it "unlawful for a person to possess ... any document or personal identifying information for the purpose of establishing a false status ... or identity." Fayer admitted to Agent Arthur Vaughn of the Nevada Gaming Control Board ("NGCB") that he possessed and used an unofficial identification card and credit card in the name of "James McLynn" to gamble at several Las Vegas casinos. Fayer's admissions provided Vaughn with probable cause to believe Fayer had committed a crime, therefore permitting Vaughn to arrest Fayer. As a result, Fayer's amended complaint failed to state plausible claims for false arrest, conspiracy to commit false arrest, false imprisonment, and premises liability under state and federal law.
Fayer is an "advantage gambler," meaning he is a regular net winner in Las Vegas casinos. On October 9, 2008, Fayer wagered on sports at the Bellagio and Circus Circus casinos under the name "James McLynn" and won $8,000. When Fayer presented his winning tickets to MGM management,
Believing MGM had unlawfully denied payment of his tickets, Fayer contacted the NGCB for assistance. Vaughn, an agent with the Enforcement Division of the NGCB, responded and requested that Fayer meet him at the Mirage's cashier cage. At their meeting, Vaughn confronted Fayer with records from the MGM family of casinos. The records indicated that Fayer had previously redeemed tickets under the names Alex Fayer and James McLynn. Fayer admitted he gambled under the name James McLynn. He also admitted (1) he possessed and used a credit card in the name James McLynn and (2) had shown, in the past, unofficial identification acquired from a non-governmental entity to MGM affiliates in the name of James McLynn. Vaughn then arrested Fayer for, among other things, possession of false identification documents in violation of NRS § 205.465. Nevada eventually dismissed the charges.
On August 14, 2009, Fayer filed suit against Vaughn, the NGCB, and the Mirage in Nevada state court alleging claims for (1) false arrest/false imprisonment, battery, and premises liability under Nevada law; and (2) false arrest and conspiracy to commit false arrest under 42 U.S.C. § 1983. The defendants removed the action to federal court on December 18, 2009. Fayer filed an amended complaint in federal district court on December 31, 2009. Under Rule 12(b)(6), the district court granted defendants' separate motions to dismiss all the claims in Fayer's amended complaint and denied Fayer leave to amend. On appeal, Fayer challenges the dismissal of each of his claims.
We review de novo the district court's decision to grant defendants' motions to dismiss under Federal Rule of
"We accept factual allegations in the complaint as true and construe the pleadings in the light most favorable to the nonmoving party." Manzarek, 519 F.3d at 1031. Although factual allegations are taken as true, we do not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations." W. Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir.1981). Therefore, "conclusory allegations of law and unwarranted inferences are insufficient to defeat a motion to dismiss." Adams v. Johnson, 355 F.3d 1179, 1183 (9th Cir.2004) (internal quotation marks and citation omitted); accord Iqbal, 129 S.Ct. at 1950.
Fayer's false arrest, false imprisonment, and related § 1983 claims hinge on his allegation that Vaughn lacked probable cause to arrest him. "Under the Fourth Amendment, a warrantless arrest requires probable cause." United States v. Lopez, 482 F.3d 1067, 1072 (9th Cir. 2007). "Probable cause to arrest exists when officers have knowledge or reasonably trustworthy information sufficient to lead a person of reasonable caution to believe that an offense has been or is being committed by the person being arrested." Id. (citing Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964)). Nevada's definition of probable cause is virtually identical to the Lopez definition. See State v. McKellips, 118 Nev. 465, 49 P.3d 655, 660 (2002) ("Probable cause to arrest exists when police have reasonably trustworthy information of facts and circumstances that are sufficient in themselves to warrant a person of reasonable caution to believe that [a crime] has been ... committed by the person to be arrested." (internal quotation marks and citation omitted)). The arresting officer's "subjective reason for making the arrest need not be the criminal offense as to which the known facts provide probable cause." Devenpeck v. Alford, 543 U.S. 146, 153, 125 S.Ct. 588, 160 L.Ed.2d 537 (2004).
In this case, Vaughn arrested Fayer for possession of false identification documents, illegal conduct under Nevada law. See NRS § 205.465 ("It is unlawful for a person to possess ... any document or personal identifying information for the purpose of establishing a false status ... or identity for himself....").
Once Vaughn had probable cause to believe Fayer violated NRS § 205.465— a class E felony under Nevada law—he had immediate legal authority to place Fayer under arrest. See NRS §§ 171.124(1)(b), 171.136(1). Fayer raised a battery claim in his amended complaint alleging that "Vaughn's actions in placing plaintiff in handcuffs and physically searching plaintiff were offensive and harmful in that they caused discomfort and embarrassment." Fayer argues that, under Yada v. Simpson, "a police officer who uses more force than is reasonably necessary to effect a lawful arrest commits a battery upon the person arrested." 112 Nev. 254, 913 P.2d 1261, 1262 (1996), superceded by statute on other grounds, NRS § 17.115, as recognized in RTTC Commc'ns, LLC v. Saratoga Flier, Inc., 121 Nev. 34, 110 P.3d 24, 29 (2005).
However, Fayer failed to allege facts suggesting Vaughn used more force than was reasonably necessary to effect the arrest. At best, Fayer alleged the arrest caused him "discomfort" and "embarrassment," but he failed to plead facts showing this was anything more than the ordinary discomfort and embarrassment attendant to a public arrest. We therefore affirm the district court, because Fayer failed to plead enough facts to establish a facially plausible claim for battery.
Finally, Fayer alleged in his amended complaint that the Mirage (1) failed to provide him "reasonably safe facilities as a business invitee" and (2) negligently hired and trained "individuals that undertake the intentional torts and violations of [his] rights." As to the first premises liability claim, Fayer did not allege an injury caused by unsafe physical premises at the MGM properties. Therefore, that
As to the second claim, Fayer alleged Mirage employees (1) encouraged Vaughn to arrest Fayer without probable cause, (2) refused to redeem valid gambling tickets when they discovered his dual identities, and (3) contributed to Fayer's allegedly wrongful arrest by falsely alleging Fayer was committing or attempting to commit "W-9 fraud." To the extent the first allegation rests on Fayer's argument that Vaughn lacked probable cause to arrest, Fayer failed to plead a plausible claim for reasons discussed above. The second allegation also fails to establish a plausible claim to relief, because Fayer never explained why refusing to redeem gambling tickets to a patron suspected of tax fraud and using or possessing false identification provides a plausible basis for relief under Nevada law. Lastly, the third allegation does not establish a plausible claim for relief, because Vaughn had probable cause to arrest Fayer based on Fayer's admissions that he possessed and used false identification documents. Therefore, any purported misrepresentations about "W-9 fraud" made by Mirage employees did not contribute to a wrongful arrest.