Legal Opinion
97 Cal. Daily Op. Serv. 513, 97 Daily Journal D.A.R. 835 Mary Ann Carlo v. City of Chino, and Officer Hector Guerra
Court of Appeals for the Ninth Circuit
Decided January 23, 1997No. 95-55798PublishedCited by 64 opinions
1Opinion of the Court
OPINION
BOOCHEVER, Circuit Judge:
In this 42 U.S.C. § 1983 action, a district court jury found that defendant Officer Hector Guerra violated plaintiff Mary Ann Carlo’s civil rights by denying her access to a telephone while she was jailed after her arrest on charges of driving while under the influence of alcohol. The district court overturned the jury verdict as a matter of law, holding that the Constitution does not recognize a right to a post-booking telephone call. Further, the court held that even if such a right does exist, it was not clearly established when Carlo was arrested; and,…
2Cases cited39 opinions
- Anderson v. CreightonSupreme Court of the United States · 1987
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Bell v. WolfishSupreme Court of the United States · 1979
- Sandin v. ConnerSupreme Court of the United States · 1995
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
34 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Marsh v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2012
- Douglas W. Schwenk v. James Hartford Steve Sinclair Robert Mitchell,opinionCourt of Appeals for the Ninth Circuit · 2000
- Harbert International, Inc. v. JamesCourt of Appeals for the Eleventh Circuit · 1998
- Juan Valdez v. Mark A. Rosenbaum Al Terrault Julie Latuska Bill Parker George Gore Debbie Miller Allen CooperCourt of Appeals for the Ninth Circuit · 2002
- Dennis Lee Campbell v. Paul Burt, and John Doe (3), Police OfficersCourt of Appeals for the Ninth Circuit · 1998
59 more not listed; retrieve them via the Exa API.