BIAS v. MOYNIHAN

The Ninth Circuit Court of Appeals today released an opinion in BIAS v. MOYNIHAN, No. 05-16752, a civil rights appeal. The panel consisted of Arthur L. Alarcón and Richard C. Tallman, Circuit Judges, and Kevin Thomas Duffy, Senior Judge.

ALARCÓN, Circuit Judge:
Alice Bias appeals from the order of the district court granting summary judgment in favor of Officer Frank Moynihan, Police Chief Joseph Kitchen, and the City of San Leandro. She contends that the district court erred in concluding that she failed to demonstrate that there were genuine issues of facts in dispute regarding whether the Appellees detained her for psychiatric evaluation without probable cause in violation of her federal and state law rights. Ms. Bias also claims that the district court abused its discretion in its evidentiary and procedural rulings. We affirm because we conclude that probable cause existed to justify detaining her on two occasions, and the district court’s evidentiary and procedural rulings do not compel a reversal of the judgment. I A The record shows that in May 2002, Ms. Bias was the plaintiff in a civil action before Alameda County Superior . . .

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