Legal Opinion
The Stanford Daily v. James Zurcher, Individually and as Chief of Police of the City of Palo Alto, County of Santa Clara, State of California
Court of Appeals for the Ninth Circuit
Decided March 28, 1977No. 74-3212PublishedCited by 133 opinions
1Per curiam
I
We adopt the opinion of the district court, Stanford Daily v. Zurcher, 353 F.Supp. 124 (N.D.Cal.1972).
II
We reject appellants’ contention that the issuing magistrate is the sole proper party defendant. Having lost in the. lower court, the appellants raise this issue for the first time upon appeal. In this respect, the argument is at least, untimely. Moreover, we are not persuaded that it has merit. The appellants are proper defendants in a suit to declare that actions theretofore performed were illegal and to enjoin them from acting illegally or permitting their subordinates from engaging in…
2Cases cited15 opinions
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Wood v. StricklandSupreme Court of the United States · 1975
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Daily v. ZurcherDistrict Court, N.D. California · 1974
- Schnell v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1969
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3Cited by133 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Blanchard v. BergeronSupreme Court of the United States · 1989
- Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1987
- Zurcher v. Stanford DailySupreme Court of the United States · 1978
- Laffey v. Northwest Airlines, Inc.Court of Appeals for the D.C. Circuit · 1984
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