Fulgencio

Fulgencio v. City of Los Angeles

Good Law
131 F. App'x 96
United States Court of Appeals for the Ninth CircuitApril 26, 2005No. 03-56501California890 words

Opinion

Lead Opinion

MEMORANDUM **

Efran Carangalan Fulgencio sued the City of Los Angeles, the County of Orange, and Los Angeles Police Officers Alonzo Williams and Sophia Castenada pursuant to 42 U.S.C. § 1983 , claiming that his constitutional rights were violated when he was arrested pursuant to a warrant that mistakenly identified him as the suspect, and when he was imprisoned for five days without investigation of his claims of innocence. Fulgencio appeals from the district court’s order granting summary judgment to all defendants. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. Validity of the Warrant

The bench warrant issued by the Orange County Superior Court “specifically name[d] or describe[d] the person to be arrested,” West v. Cabell, 153 U.S. 78, 86 , *98 14 S.Ct. 752 , 38 L.Ed. 643 (1984), giving the suspect’s name, date of birth, place of birth, race, sex, height, weight, hair color, eye color, driver’s license number, and last known address. Because this description was sufficiently particular that “the defendant [could] be identified with reasonable certainty,” Fed. R.Crim. Pro. 4(b)(1)(A), Fulgencio was arrested pursuant to a valid warrant. That Fulgencio’s…

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