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Bias: probable cause ended the challenge to two holds

A pro se litigant with a pending matter before a judge was placed on two § 5150 holds nine days apart by the same officer; the second application recorded her statement that she would kill herself if the judge ruled against her; she was examined and released the same…

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Account 1

Worldwide register by region (Batch 2) · Batch 11

Jurisdiction / date
San Leandro / Alameda County, 14 and 23 May 2003; 9th Cir. 28 Nov 2007
Mechanism
5150 ×2; PURPOSE question not reached
What is documented
A pro se litigant with a pending matter before a judge was placed on two § 5150 holds nine days apart by the same officer; the second application recorded her statement that she would kill herself if the judge ruled against her; she was examined and released the same evening each time, then sued under § 1983 and Civil Code § 51.7
Finding or status
JUDICIAL FINDING: probable cause existed; claims REJECTED (Bias v. Moynihan, 9th Cir. opinion)
Limits
The litigation context is the trigger for the hold, exactly the complaint-to-hold sequence the record tracks, but the court's analysis stops at the officer's reasonable belief
Label
VERIFIED (opinion)
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Account 2

Worldwide register by region (Batch 2) · Batch 17

Speech act
Pending ruling from the judge she was litigating before
Psychiatric act
Two § 5150 holds
Interval
Days before/around the ruling; 9 days apart
Who initiated
Same officer twice
Outcome label
REJECTED (probable cause)
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Linked corrections

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Reference and provenance

2003-CA-SAN-LEANDRO-BIAS

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