Galen

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed November 7, 2006 is amended as follows:

1) Insert the following text at the end of footnote four: ‘We specifically leave open for another day the question of whether a litigant who actually challenged their bail at the time, or who asserted a procedural due process claim, may be entitled to a burden-shifting presumption, since in the absence of a public record, the Commissioner is uniquely aware of the ratio deci-dendi. ”

No further petitions for rehearing or petitions for rehearing en banc may be filed.

OPINION

In this action pursuant to 42 U.S.C. § 1983 , Jeffrey Galen claims that the $1,000,000 bail set upon his arrest for domestic violence was excessive in violation of the Eighth Amendment. He asserts that the district court erred by granting summary judgment in favor of the County of Los Angeles and its officers on the basis of qualified immunity. Because we agree with the district court that Galen failed to adduce evidence that peace officers caused unconstitutionally excessive bail to be set, we affirm the summary judgment. However, we hold that the district court abused its discretion in part in…