Berry v. Baca.

PositionRelease - Brief Article

U.S. Appeals Court

RELEASE

Berry v. Baca, 379 F.3d 764 (9th Cir. 2004). In three separate actions, arrestees who had been detained in a county jail for periods ranging from 26 to 29 hours after courts had authorized their release following resolution of their charges, brought [section] 1983 claims against a county sheriff in his official capacity. The district court consolidated the cases and dismissed them. The appeals court reversed and remanded, finding that summary judgment was precluded by fact issues as to whether the application of county policies which resulted in the detentions was unreasonable under...

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