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ERDMAN v. COCHISE COUNTY, ARIZ.

No. 89-16015.

926 F.2d 877 (1991)

James Richard ERDMAN, Plaintiff-Appellant, v. COCHISE COUNTY, ARIZONA; and City of Douglas, Arizona, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 22, 1991.

Attorney(s) appearing for the Case

Tony K. Behrens, Sierra Vista, Ariz., for plaintiff-appellant.

Steven Weatherspoon, Chandler, Tullar, Udall & Redhair, Tucson, Ariz., for defendant-appellee Cochise County.

Arthur C. Atonna, Douglas, Ariz., for defendant-appellee City of Douglas.

Before GOODWIN, C.J., ALDISERT and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

James Erdman appeals from the district court's rescission of an Offer of Judgment extended by the City of Douglas, Arizona under Rule 68 and accepted by him. In addition, he appeals the grant of summary judgment to both defendants on the merits of his § 1983 claim for unlawful incarceration. We reverse on the Rule 68 claim, but affirm on the merits.

FACTS

Erdman was arrested on July 14, 1987 in the City of Douglas, Cochise...

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