HOUSTON v. BRYAN

No. 83-1974.

725 F.2d 516 (1984)

Ramon Mendez HOUSTON, Plaintiff-Appellant, v. Richard H. BRYAN, individually and as the Attorney General, State of Nevada; Larry D. Struve, individually and as the Chief Deputy Attorney General, State of Nevada; Robert Manley, individually and as the Chief Criminal Deputy Atty. General, State of Nevada; Brian Hutchins, individually and as the Deputy Attorney General, State of Nevada, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 8, 1984.


Attorney(s) appearing for the Case

John Rupp, Covington & Burling, Washington, D.C., for plaintiff-appellant.

Donald L. Christenson, Asst. U.S. Atty., Carson City, Nev., for defendants-appellees.

Before MERRILL and BOOCHEVER, Circuit Judges, and WYZANSKI, District Judge.


MERRILL, Circuit Judge.

Appellant was a witness to a homicide committed in Humboldt County, Nevada, by four persons with whom he was then travelling. He was taken into custody by the sheriff of that county as a material witness on July 4, 1980. Bail was set by a magistrate and, unable to provide bail, Appellant was, on the magistrate's order, confined in the county jail. The magistrate acted pursuant to Nevada law, Nev.Rev.Stat. § 178.494, which provides, in...

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