Bias

Bias v. Moynihan

Good Law
United States Court of Appeals for the Ninth CircuitNovember 28, 200705-16752California5,920 words

Opinion

Opinion

facts in dispute regarding whether the Appellees detained her for psychiatric evaluation without probable cause in violation of her federal and state law rights. Ms. Bias also claims that the district court abused its discretion in its evidentiary and procedural rulings. We affirm because we conclude that prob- able cause existed to justify detaining her on two occasions, and the district court’s evidentiary and procedural rulings do not compel a reversal of the judgment.

I

A

The record shows that in May 2002, Ms. Bias was the plaintiff in a civil action before Alameda County Superior 15338 BIAS v. MOYNIHAN Court Judge Kenneth Burr. She wrote a letter dated May 22, 2002, to Judge Burr in which she stated: “If I lose this case, I shall kill myself.”

On or about May 23, 2002, the Alameda Sheriff’s Office requested that the San Leandro Police Department contact Ms. Bias. Officer Moynihan was dispatched to interview Ms. Bias about her letter to Judge Burr. Officer Moynihan alleged in his declaration that when he asked Ms. Bias if she was going to kill herself if she lost her case, she responded that “she would do what she wanted to herself when her case was…

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