Cornejo v. County of San Diego

504 F.3d 853 (2007)

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Cornejo v. County of San Diego

United States Court of Appeals for the Ninth Circuit
504 F.3d 853 (2007)

  • Written by Liz Nakamura, JD

Facts

Ezequiel Nunez Cornejo (plaintiff) was a Mexico national who was arrested and detained in San Diego County (San Diego) (defendant). The San Diego police officers who arrested Cornejo did not inform him that he could ask the police to contact the Mexican consulate on his behalf. Cornejo sued San Diego under 42 U.S.C. § 1983 for violating Article 36 of the Vienna Convention on Consular Relations (Vienna Convention), arguing that the Vienna Convention conferred a private right of action enforceable under Section 1983 based on the officers’ failure to inform Cornejo of his right to have the Mexican consulate contacted regarding his detention. The district court dismissed Cornejo’s claim. Cornejo appealed.

Rule of Law

Issue

Holding and Reasoning (Rymer, J.)

Dissent (Nelson, J.)

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