United States Ninth Circuit

In an action based on alleged violations of plaintiff's rights under the Fourth and Fourteenth Amendments based on his over-detention and for defendants' efforts to procure an involuntary waiver of his civil rights claim based on his over-detention, summary judgment for defendants is affirmed where: 1) plaintiff failed to show an unconstitutional custom, policy or practice of over-detention; 2) there was no actionable claim under section 1983 for procuring a coercive or involuntary waiver of a civil rights claim; 3) the district court properly granted summary judgment for defendants on plaintiff's conspiracy claims; and 4) plaintiff failed to present sufficient evidence of a RICO violation or any harm to his business or property from the alleged act of racketeering.

Appellate Information

• Argued 08/07/2009
• Decided 02/24/2010
• Published 02/24/2010

Judges

• Before KIM McLANE WARDLAW and CONSUELO M. CALLAHAN, Circuit Judges, and RALPH R. BEISTLINE,Chief District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marion R. Yagman (argued) and Joseph Reichmann of Yagman & Yagman & Reichman of Venice Beach, CA, for the plaintiff-appellant.


• For Appellees:
  
• David D. Lawrence, Michael D. Allen, and Justin W. Clark (argued) of Franscell, Strickland, Roberts & Lawrence, O.C., of Glendale, CA, for the defendants-appellees.