Kinney

Nadine Kinney and her husband Rodney Kinney, plaintiffs below, commenced an action against Don Vallentyne, a private citizen, Roy Wallis, a sheriff’s deputy, and the County of Contra Costa. As to Wallis and the county, relief was sought based on false arrest and false imprisonment. As to the county alone additional relief was sought for “failure to provide medical attention” and “failure to take before a magistrate without unnecessary delay.”

At the close of plaintiffs’ case the trial court granted motions of the county and Wallis for nonsuit on the issues of false arrest, false imprisonment, and “failure to provide medical attention.” A similar motion by the county on the issue of “failure to take before a magistrate without unnecessary delay” was denied. Thereafter the jury returned its verdict in favor of the county on the latter issue. Another verdict, not relevant to this appeal, awarded plaintiffs damages against defendant Vallentyne. Judgment was thereafter entered against plaintiffs in favor of the county and Wallis, and in favor of plaintiffs and against Vallentyne. Plaintiffs appeal from that portion of the judgment in favor of the county and…