Salazar v. Burresch

47 F. Supp. 2d 1105 (1999)

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Salazar v. Burresch

United States District Court for the Central District of California
47 F. Supp. 2d 1105 (1999)

RW

Facts

Police officer J. Burresch (defendant) found Rafael Salazar (plaintiff) at the scene of a traffic accident. Burresch observed that Salazar had been drinking. Salazar asserted his immunity as a foreign consul. However, Salazar then became so unruly that Burresch handcuffed Salazar until Salazar could be taken to a police station. There, the handcuffs were removed, and Salazar voluntarily consented to a breath test that showed Salazar’s blood alcohol content to be far above the legal limit. While awaiting trial for drunk driving, Salazar sued Burresch for violating Salazar’s rights under the 1963 Vienna Convention on Consular Relations (VCCR). Burresch invoked the United States Department of State’s VCCR guidelines and moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Matz, J.)

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