Maley
Maley v. County of Orange
Opinion
Lead Opinion
MEMORANDUM *
Appellant John Maley raises two issues on appeal. First, he argues that the district court erred when it concluded after a bench trial that defendants were not liable as a matter of law for violating his rights under California Penal Code section 851.5. Second, he argues that summary judgment *593 was inappropriate on his excessive force claim, as there remain genuine issues of material fact. We reverse.
With respect to the first issue, the district court’s narrow interpretation of the constitutional liberty right created by section 851.5 runs counter to the statute’s language and disregards the guidance of the California courts. Although section 851.5 might be most directly relevant to the arresting agency or officers, the statute specifically applies to “any public officer.” Cal.Penal Code § 851.5(e) (emphasis added). Moreover, the California Supreme Court has held that the right to a phone call created by a previous version of section 851.5 “arises immediately after booking, and lasts for an indefinite time, until the accused has no more need thereof.” Ex parte Newbem, 55 Cal.2d 500, 506 , 11 CaLRptr. 547, 360 P.2d 43 (1961) (emphases omitted).