Alleged sheriff deputies over-detained 417
October 3rd, 2011 
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Avalos v Baca 596 F.3d 583 (9Cir 2010) § 1983. A. alleged sheriff deputies over-detained him due to others’ administrative error.San-Diego-Auto-Accident-lawyer.com [1] Named Ds not personally involved, so action against Ds inofficial capacity only. a must show Ds had Monell official policy or practice of over-detaining, which A. did not allege. [2] A. alleged Ds coerced him into $500 settlement and claim waiver. No freestanding right to be free of coerced waiver, but rather is affirmative defense to Ds’ waiver argument. Therefore no clearly established right sufficient to defeat Ds’ qualified immunity. [3] Conspiracy claims properly dismissed where underlying claims were dismissed. [4] RICO claims fail in that predicate acts (1 & 2 above) were not violations of the law. San Diego personal injury attorney