BERNARD v. CITY OF PALO ALTO

No. 81-4462.

699 F.2d 1023 (1983)

Donald S. BERNARD, Plaintiff, v. CITY OF PALO ALTO, et al., Defendants. Donald S. BERNARD, Plaintiff-Appellee, v. Richard STAGNER, et al., Defendants, and Wesley Earl Johnson, Defendant-Appellant. Donald S. BERNARD, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. COUNTY OF SANTA CLARA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1983.


Attorney(s) appearing for the Case

Bruce Nye, Popelka, Allard, McCowan & Jones, Morris Lenk, San Francisco, Cal., for appellants-defendants.

Daniel S. Mason, Furth, Fahrner, Bluemle, Mason & Wong, San Francisco, Cal., for plaintiff-appellee.

Before BROWNING, Chief Judge, WRIGHT and TRASK, Circuit Judges.


PER CURIAM:

Plaintiff was arrested without a warrant and held for 51 hours before release without a probable cause determination by a magistrate. He sued Santa Clara County and various county officials and employees for damages, alleging a violation of his fourth amendment right to a prompt determination of probable cause. Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975). He also brought a class action challenging...

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