Nugent

MEMORANDUM **

Ray Dean Nugent was stopped by Los Angeles County Sheriff Department (LACSD) officers and, because of mistaken identity, arrested pursuant to outstanding warrants against his twin brother, Jay Gene Nugent, who some years before had robbed a bank in Opelosas, Louisiana, shot at local police officers, and fled the jurisdiction. LACSD notified the Opelosas Police Department (OPD) of the arrest and requested information regarding Jay Nu-gent. OPD Sgt. Thompson responded that the warrants were valid and that Jay Nugent should be held on charges of attempted first degree murder and armed robbery. LACSD, however, requested additional information because Nugent denied that he was the subject of the warrants. Thompson responded by notifying LACSD that they should release Ray Nu-gent because he is not wanted for the crimes.

Nugent brought this civil rights action against Los Angeles County and several of its employees and against Sgt. Thompson. The California defendants settled; the district court thereafter granted Thompson’s motion to dismiss for lack of personal jurisdiction. Nugent argues on appeal that Thompson waived his right to contest jurisdiction and,…