United States Ninth Circuit

Judgment for defendants in plaintiff's 1983 action alleging unlawful search and false arrest is: 1) vacated and remanded in part on the false arrest claim, where the district court erred in concluding that the grounds for custodial arrest specified in Penal Code section 853.6(i) apply not only to misdemeanors but also to infractions because Penal Code section 853.5 provides the exclusive grounds for custodial arrest of a person arrested for an infraction; and 2) affirmed in part on plaintiff's unlawful search claim, where plaintiff had not shown that the district court's error on the false arrest claim tainted the jury's finding that he was not subjected to a strip search.

Appellate Information

• Decided 04/10/2013
• Published 04/10/2013

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel