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PANTOJA v. CITY OF GONZALES

No. C-81-4465-WWS.

538 F.Supp. 335 (1982)

Teresa Zavala de PANTOJA, et al., Plaintiffs, v. CITY OF GONZALES, et al., Defendants.

United States District Court, N. D. California.

May 6, 1982.

Attorney(s) appearing for the Case

Alfred Lombardo, Rucka, O'Boyle & Lombardo, Marjorie F. Cohn, Salinas, Cal., for plaintiffs.

Stephen A. Lankes, Holbrook & Lankes, Salinas, Cal., for defendants.

MEMORANDUM OF OPINION AND ORDER

SCHWARZER, District Judge.

On the morning of August 21, 1981, defendants McEwan and Raymond, police officers employed by defendant City of Gonzales, found Antonio Pantoja lying on the street, apparently drunk and asleep. Not having roused him, they took him into custody as a public drunk unable to care for his own safety. (Cal.Penal Code § 647(f)). He was placed in a holding cell to sober up. Eight hours later he was...

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