Alan Feiman v. City of Santa Monica

MEMORANDUM

Alan Feiman, a professional Marx Brothers impersonator, was arrested for allegedly violating California Penal Code § 647(f) which makes it illegal to be intoxicated in public “in a condition that he or she is unable to exercise care for his or her own safety or the safety of others.” He was released after six hours and no criminal charges were brought against him. Fei-man filed this § 1983 action alleging that his arrest and detention violated his constitutional rights, primarily because the officer had no probable cause to detain him. His action went to trial and the jury returned a verdict in favor of the defendant officers. Feiman appeals, arguing that the distinct court (1) erred in dismissing his claims under the Bane Act, California Civil Code § 52.1; (2) abused its discretion by imposing a 5-hour limit on the presentation of his case; (3) erred in denying his post-verdict motions regarding probable cause to arrest; (4) improperly instructed the jury; (5) improperly limited the testimony of a percipient witness; and (6) erred in refusing to allow Feiman to testify that he had never been arrested before. We affirm.

1. The district court did not err in dismissing…