Donald S. Bernard v. City of Palo Alto, Donald S. Bernard v. Richard Stagner, and Wesley Earl Johnson, Donald S. Bernard, on Behalf of Himself and All Others Similarly Situated v. County of Santa Clara

699 F.2d 1023 Donald S. BERNARD, Plaintiff, v. CITY OF PALO ALTO, et al., Defendants. Donald S. BERNARD, Plaintiff-Appellee, v. Richard STAGNER, et al., Defendants, and Wesley Earl Johnson, Defendant-Appellant. Donald S. BERNARD, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. COUNTY OF SANTA CLARA, Defendant-Appellant. No. 81-4462. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 1982. Decided Feb. 25, 1983. Bruce Nye, Popelka, Allard, McCowan & Jones, Morris Lenk, San Francisco, Cal., for appellants-defendants. Daniel S. Mason, Furth, Fahrner, Bluemle, Mason & Wong, San Francisco, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Northern District of California. Before BROWNING, Chief Judge, WRIGHT and TRASK, Circuit Judges. PER CURIAM: 1 Plaintiff was arrested without a warrant and held for 51 hours before release without a probable cause determination by a magistrate. He sued Santa Clara County and various county officials and employees for damages, alleging a violation of his fourth amendment right to a prompt determination of probable cause. Gerstein v. Pugh, 420 U.S. 103 , 95…