No. 25-7064

Michael Devin Floyd v. Deputy Gino Cofferati, et al.

Lower Court: Ninth Circuit
Docketed: 2026-03-18
Status: Pending
Type: IFP
Response WaivedIFP
Tags: california-penal-code custodial-interrogation due-process police-misconduct pretrial-detention right-to-counsel
Latest Conference: N/A
Question Presented (from Petition)

I was arrested around 9:30 PM on August 18, 2021. I informed Defendant officers Deputy Daniel Dickson #11036 and Deputy Sheriff Detective Matthew Newton #2212 that I had not yet received a phone call at 3:30 PM on August 19, 2021. 1 was finally allowed a phone call after 8:00 AM on August 20, 2021. Can the Defendant officers Dickson and Newton 's 16-18 hour procrastination of allowing me a phone call be not regarded as violating constitutional due process and California Penal Code 851.5, especially when Officer Cofferati issued previous threats of pretrial punishment?

Question Presented (AI Summary)

Whether a 16-18 hour delay in providing an arrested person access to a phone call violates constitutional due process rights and California Penal Code 851.5, particularly when preceded by officer threats of pretrial punishment

Docket Entries

2026-04-09
Waiver of Gino Cofferati, et al. of right to respond submitted.
2026-04-09
Waiver of right of respondent Gino Cofferati, et al. to respond filed.
2026-03-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2026)

Attorneys

Gino Cofferati, et al.
Robin Michael WallOffice of the County Counsel, Respondent
Michael Devin Floyd
Michael Devin Floyd — Petitioner