Opinion

Grady Carroll Ouzts v. Maryland National Insurance Company

  • 505 F.2d 547
Court
Court of Appeals for the Ninth Circuit
Filed
Oct 29, 1974
Status
Published
Author
Duniway
On the bench
Chambers, Merrill, Koelsch, Browning, Duniway, Ely, Hufstedler, Wright, Trask, Choy, Goodwin, Wallace, Sneed
Cited by
95 cases

holding that California’s version of the UCEA “abrogates the foreign bondsman’s common law right to pursue, apprehend and remove his [or her] principal from California without resort to process” and “interjects a mandatory series of court proceedings” which a foreign bondsman must follow to obtain a warrant to arrest and remove a fugitive from bail from another jurisdiction

How later courts described this case

  • holding that California’s version of the UCEA “abrogates the foreign bondsman’s common law right to pursue, apprehend and remove his [or her] principal from California without resort to process” and “interjects a mandatory series of court proceedings” which a foreign bondsman must follow to obtain a warrant to arrest and remove a fugitive from bail from another jurisdiction
  • recognizing that “the bail bondsman is in the business in order to make money and . . . [is] acting ‘to protect his own private financial interest and not to vindicate the interest of the state.’”
  • refusing to find that bail bondsman acts as unofficial agent, partner or arm of the State court in bringing fugitives to justice, where state courts have their own official arms for capturing fugitives and bondsman’s private reclamation interests and procedures are completely separate from those of the state
  • holding that Nevada bondsmen were not state actors, where the bondsmen unilaterally seized principal in California and returned principal to Nevada

Written by the judges who cited it.

The opinion

DUNIWAY, Circuit Judge

(concurring) :

I concur in the dissenting opinion of Judge Hufstedler. I also concur in the dissenting opinion of Judge Merrill, insofar as it holds that the action of the defendants was also taken under color of Nevada law.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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