Georgiades
Georgiades v. Long Beach Police Department
Opinion
Lead Opinion
MEMORANDUM **
Kyriacos Fivos Georgiades, a California state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that defendants violated his right to a post-arrest telephone call and illegally searched his home and seized property. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Barnett v. Centoni, *136 31 F.3d 813, 815 (9th Cir.1994) (per curiam). We affirm in part, reverse in part, and remand.
Under California state law, arrestees are entitled to make three completed telephone calls: one to an attorney, one to a bail bondsperson, and one to a relative or other person. CaLPenal Code § 851.5. These phone calls are supposed to be free when made within the local dialing area. Id. The right secured by this statute gives rise to a liberty interest protected by the Fourteenth Amendment’s Due Process Clause. Carlo v. City of Chino, 105 F.3d 493, 497 (9th Cir.1997).
Defendants presented evidence that Georgiades had access to an inmate phone to contact bail bondsmen, the Police Compliance Commission, the Los Angeles County Public Defender, and the jail supervisor and access to a pay phone that both…