U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

McSherry v. Long Beach, No. 06-55837

In a 42 U.S.C. section 1983 action arising from the faulty imprisonment of now-exonerated plaintiff for almost fourteen years, summary judgment for defendants is affirmed where: 1) there was insufficient evidence that defendants acted in bad faith or without probable cause in apprehending plaintiff; and 2) no municipal liability could exist where no underlying constitutional violation occurred.  (Superseding opinion)

Read McSherry v. Long Beach, No. 06-55837

Appellate Information

Argued and Submitted February 14, 2008

Order and Opinion Filed October 20, 2009


Opinion by Judge Trott


For Appellant:

Mark A. Borenstein, Overland Borenstein Scheper & Kim LLP, Los Angeles, CA

For Appellees:

Michael M. Mullins and Nowland C. Hong, Akerman Senterfitt LLP, Los Angeles, CA