Anthony G. Notaras v. F. C. Ramon and Jane Doe Ramon

383 F.2d 403 Anthony G. NOTARAS, Appellant, v. F. C. RAMON and Jane Doe Ramon et al., Appellees. No. 20442. United States Court of Appeals Ninth Circuit. September 22, 1967. Alan Froelich, Wright, Wendells, Froelich & Power, Seattle, Wash., for appellant. A. L. Newbould, Charles R. Nelson, Seattle, Wash., for appellees. Before BROWNING, DUNIWAY, and ELY, Circuit Judges. PER CURIAM: 1 Appellant was arrested without a warrant by police officers with probable cause to believe he had committed grand larceny. He was held in the Seattle city jail, without charge, for approximately thirty-six hours, while a city detective conducted an investigation. The detective concluded that the evidence was insufficient to implicate appellant in the larceny. Appellant was charged with two misdemeanors (drunkenness and resisting arrest) factually unrelated to the larceny, and was released on his own recognizance. He was ultimately acquitted of the misdemeanor charges. 2 Appellant filed suit for damages under 42 U.S.C. § 1983 (1964) against the police officers involved, alleging that they had deprived him of rights secured by the Constitution. After trial to the court, the complaint was…

(concurring):

I concur in the result.

Appellant was arrested without a warrant by police officers with probable cause to believe he had committed grand larceny. He was held in the Seattle city jail, without charge, for approximately thirty-six hours, while a city detective conducted an investigation. The detective concluded that the evidence was insufficient to implicate appellant in the larceny. Appellant was charged with two misdemeanors (drunkenness and resisting arrest) factually unrelated to the larceny, and was released on his own recognizance. He was ultimately acquitted of the misdemeanor charges.

Appellant filed suit for damages under 42 U.S.C. § 1983 (1964) against the police officers involved, alleging that they had deprived him of rights secured by the Constitution. After trial to the court, the complaint was dismissed on the ground that detention of appellant from the time of his arrest until the filing of the misdemeanor charges was for a period no longer than reasonably necessary for a prompt and expeditious investigation of appellant’s participation or lack of participation in the larceny.

Appellant contends that any detention by the police without charge and without possibility of bail while the…