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SIMONS v. MARIN COUNTY

No. C-86-5234 MHP.

682 F.Supp. 1463 (1987)

Fred Martin SIMONS, et al., Plaintiffs, v. COUNTY OF MARIN, et al., Defendants.

United States District Court, N.D. California.

November 19, 1987.

Attorney(s) appearing for the Case

Thomas F. Bertrand, Bertrand & Fox, San Francisco, Cal., for City of Larkspur, Town of Corte Madera, City of Sausalito, City of Mill Valley, Philip D. Green, and Twin Cities Police Authority.

Jeanine Bennett Bauman, Beam & Brobeck, Santa Ana, Cal., for Orange County and Orange County Sheriff's Dept.

William Amsbary, Asst. City Atty., Huntington Beach, Cal., for City of Huntington Beach and Huntington Beach Police Dept.

Douglas J. Maloney, County Counsel, Dorothy R. Jones, Deputy County Counsel, San Rafael, Cal., for Marin County.

Bernard Zimmerman, Paula M. Weber, Pillsbury, Madison & Sutro, San Francisco, Cal., for City of Huntington Beach.

Gerald C. Sterns, William H. Curtiss, III, Sheri L. Jurnecka, Law Offices of Sterns, Walker & Grell, San Francisco, Cal., for plaintiffs.

OPINION

PATEL, District Judge.

Around midnight on April 2, 1986, plaintiff Fred Martin Simons was mistakenly arrested pursuant to a seventeen month old warrant. Plaintiff, his wife, Cheryl Simons, and the couple's three children were removed from their home and the police searched the Simons home without benefit of a warrant. Plaintiffs brought this action for damages under 42 U.S.C. § 1983 on behalf of themselves and their three minor children for...

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