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EDGERLY v. CITY AND COUNTY OF SAN FRANCISCO

No. 11-15655.

713 F.3d 976 (2013)

Erris EDGERLY, Plaintiff-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO; David Goff; John Conefrey, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 10, 2013.

Attorney(s) appearing for the Case

Gregory M. Haynes , San Francisco, CA, for Plaintiff-Appellant.

Sean F. Connolly , Deputy City Attorney, San Francisco, CA, for Defendants-Appellees.

Before: JOHN T. NOONAN, JR., RAYMOND C. FISHER, and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

FISHER, Circuit Judge:

This appeal requires us to decide when a person arrested for an infraction may be taken into custody under California law. California Penal Code § 853.5 provides three narrow grounds for the nonrelease of a person arrested for an infraction. California Penal Code § 853.6(i) provides 10 broader grounds for the nonrelease of a person arrested for a misdemeanor. The defendants argue — and the district court ruled...

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