When police with an arrest warrant informed a man he was under arrest, the man sped away, leading police on an 85 to 110 mile-per-hour chase. Twice the man telephoned the police dispatcher to demand the police stop chasing him, telling the dispatcher he was armed and would shoot. Other officers set up spikes at places they thought the man’s car would reach. However, one officer devised a plan to shoot at the man’s car to force the car to stop.
Prosecutorial Immunity: “The Man” Holds All The Cards!
We hold that [plaintiff] adequately alleged [the deputy D.A.] was liable for false imprisonment; we will also hold that statutory prosecutorial immunity [Government Code section 821.6] did not apply to the false imprisonment claim. However, the demurrer had to be sustained based on common-law prosecutorial immunity.
“Challenging Someone Equipped With A Badge, Handcuffs, And A Gun To ‘Arrest Me’ Was Unwise.” The Ninth Circuit.
This is the situation. It’s a busy juvenile court in L.A. County, and the deputy public defender [P.D.] went back to her office. The judicial officer had 53 cases to be heard and wanted the P.D. there, but the P.D. did not answer her pages or pick up her phone, even though she heard them. […]
Once Emergency Lights Activated By Police, A Driver Is Considered Detained.
A Sheriff’s department received an emergency 911 call, reporting some people were fighting in an alley behind his home. The caller said he could hear screaming and one person had said, “the gun was loaded.” The caller stayed on the line, and shortly thereafter confirmed a squad car had arrived. As an officer drove along […]
Interesting Costs Discussion In Excessive Force Case.
In an excessive force wrongful death action against police officers, a jury found that two of the three officers did not use excessive force and the third did use excessive force, but, that force was not a substantial factor in causing the death. The court entered judgment in favor of defendants and awarded defendants costs […]
Prisoners Did Not Identify Alternative Method Of Execution, So Relief Denied.
Prisoners sentenced to death in Oklahoma contended the method of execution used by the State violates the Eighth Amendment because it creates an unacceptable risk of severe pain. They argue that Midazolam, the first drug employed in the State’s three-drug protocol, fails to render a person insensate to pain. The United States Supreme Court denied […]
Plaintiff is a transgender inmate of a California prison who contends prison officials violated the Eighth Amendment’s through deliberate indifference to her [inmate used to be named Philip but is now known as Mia] serious medical needs. The inmate says she suffers from severe gender dysphoria for which sexual reassignment surgery [SRS] is the medically […]
A prison inmate is a Muslim and a member of the Nation of Islam, a religious organization. His religious beliefs forbid him from consuming or handling pork. Prison officials ordered the inmate to cook pork loins as part of his kitchen duties. The Ninth Circuit held prison employees violated the inmate’s clearly established right to […]
Previously we reported: CHP Not A Special Employer Of Freeway Tow Truck Driver.
A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore, […]
Directed Verdict In Civil Rights Action Reversed.
More than a dozen Halloween partygoers were swept up and detained by a Sheriff’s SWAT team for up to 14 hours. The party, an annual event with hundreds of costumed attendees, had drawn neighbor complaints over the years. Based on a flyer that advertised a “Casino Room,” at the party, the Sheriff’s department obtained a […]
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