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4345 A claim that in executing a warrant to search his home police made plaintiff stand outdoors nearly naked for an hour longer than necessary to secure his house sufficiently alleged the violation of a clearly established constitutional right to justify an action for violation of the federal Civil Rights Act (42 USC 1983) against officers who actively participated in the search and detention, but not against officers who did not actively participate; plaintiff’s allegations were also sufficient to defeat summary judgment of state law claims for negligence, assault, battery, false imprisonment, and intentional infliction of emotional distress.
MACIAS v COUNTY OF LA (Unreasonable Detention) 144 CA4 313 [See: 42 USC 1983; Saucier v Katz 533 US 194; Ritschel v City 137 CA4 107, T/AT 3/06; Franklin v Foxworth 31 F3 873]
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