Legal Opinion

Fairley v. Luman

Court of Appeals for the Ninth Circuit

Decided February 15, 2002No. 99-56483PublishedCited by 143 opinions

1Per curiam

Plaintiff was detained by officers of the City of Long Beach Police Department (“City”) and held for twelve days on outstanding warrants for the arrest of his twin brother. Plaintiff brought a suit under 42 U.S.C. § 1983 against the detaining officers and booking sergeant for use of excessive force and arrest without probable cause and a Monell claim against the City for violation of plaintiffs civil rights by reason of a policy, custom or practice of its Police Department. The jury exonerated the individual officers but found the City liable, awarding plaintiff $11,250. The district court…

2Cases cited14 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. City of Canton v. HarrisSupreme Court of the United States · 1989
  4. Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
  5. Baker v. McCollanSupreme Court of the United States · 1979

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3Cited by143 opinions

  1. Philomene Long, Surviving Spouse and Heir-At-Law of John Thomas Idlet, Deceased v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2006
  2. Gibson v. County of Washoe, NevadaCourt of Appeals for the Ninth Circuit · 2002
  3. Charolette Winkler v. Madison Cty., Ky.Court of Appeals for the Sixth Circuit · 2018
  4. Shane Horton v. City of Santa MariaCourt of Appeals for the Ninth Circuit · 2019
  5. Menotti v. City of SeattleCourt of Appeals for the Ninth Circuit · 2005

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