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ESTATE OF BROOKS EX REL. BROOKS v. U.S.

No. 98-15063.

197 F.3d 1245 (1999)

ESTATE OF Claude BROOKS, by and through its administrator, Clarence "Ed" BROOKS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant, and County of Alameda, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 18, 1999.

As Amended December 9, 1999.

Attorney(s) appearing for the Case

Paul McCarthy, Oakland, California, for the plaintiff-appellant.

Kristen J. Thorsness, Deputy County Counsel, County of Alameda, Oakland, California, for the defendant-appellee.

Before: T.G. NELSON, HAWKINS, and GRABER, Circuit Judges.

Opinion by Judge GRABER; Dissent by Judge MICHAEL DALY HAWKINS.

GRABER, Circuit Judge:

At the request of the United States Marshals Service (Marshals Service), the County of Alameda (County) held Claude Brooks, a federal detainee, in pretrial detention for 12 days. During that time, Brooks was not arraigned or brought before a federal judicial officer. After his release pursuant to federal instructions, Brooks filed this action against the County, the individual...

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