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AVALOS v. BACA

No. 07-56511.

596 F.3d 583 (2010)

J. AVALOS, individually and as representative of the class defined, Plaintiff-Appellant, v. Leroy BACA; Larry Waldie; Shaun Mathers, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 24, 2010.

Attorney(s) appearing for the Case

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

David D. Lawrence, Michael D. Allen, and Justin W. Clark (argued), Lawrence, Beach, Allen & Choi P.C., Glendale, CA, for the defendants-appellees.

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

CALLAHAN, Circuit Judge:

J. Avalos was over-detained by the Los Angeles Sheriff's Department ("LASD"). He filed this action against officers of the LASD in their official and individual capacities.1 He asserts claims pursuant to 42 U.S.C. § 1983 for alleged violations of his rights under the Fourth and Fourteenth Amendment based on his over-detention and for defendants' efforts to procure an involuntary waiver of his civil rights...

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