James Richard Erdman v. Cochise County, Arizona and City of Douglas, Arizona
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FERGUSON, Circuit Judge:
James Erdman appeals from the district court’s rescission of an Offer of Judgment extended by the City of Douglas, Arizona under Rule 68 and accepted by him. In addition, he appeals the grant of summary judgment to both defendants on the merits of his § 1983 claim for unlawful incarceration. We reverse on the Rule 68 claim, but affirm on the merits.
FACTS
Erdman was arrested on July 14, 1987 in the City of Douglas, Cochise County, Arizona, and taken into custody. He was booked on two charges: driving while intoxicated (second offense), and driving with a suspended…
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