police excessive force & wrongful death judgment of plaintiff 406
September 19th, 2011 
admin Wrongful death is another area of San-Diego-Personal-Injury-attorney.com
Mahach-Watkins v Depee 593 F.3d 1054 (9Cir 2010) Fletcher § 1983 police excessive force & wrongful death judgment of plaintiff $1.00.San-Diego-Auto-Accident-lawyer.com M’s lawyer claimed $700K attorney fees, but trial court reduced to $118K in view of limited success. Properly reduced, but otherwise affirmed on D’s appeal, factors: (a) amount of damages sought & recovered, (b) Legal issue’s significance, (c) public goal. San Diego personal injury attorney.
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Two teenager brothers criminal prosecution 405
September 19th, 2011 admin | Premises Liability is another area of San-Diego-Personal-Injury-attorney.com |
Crowe v County of San Diego 593 F.3d 841 (9Cir 2010) Thomas; § 1983 actions against city & county officers, psychologist, prosecutors et al, for criminal prosecutions of two teenager brothers. Lengthy, 65-headnote opinion.San-Diego-Auto-Accident-lawyer.com [1] Fifth amendment self-incrimination claim stated where coerced statements introduced during preliminary hearings. No qualified immunity since coerced confessions are subject to a clearly established right. [2] Substantive due process claim stated for interrogation that “shocks the conscience.” [3] Because reasonable officer could believe he had probable cause for arrests as several facts consistent with the crime existed, therefore qualifiedly immune. [4] Search warrants: Second supported by probable cause. First lacked probable cause (material misrepresentations and omissions) but the circumstances surrounding do not conclusively demonstrate deliberate falsification or reckless disregard for the truth. Officers therefore have qualified immunity. [5] Strip searches possibly violations for lack of showing consent (for one) and noncoerced consents (for others). [6] Drawing blood samples from two nonsuspects to help prove suspects’ involvement is not probable cause and violated clearly established law. [7] Private psychologist consulted by police to formulate interrogation technique; § 1983conspiracy claim stated and not immune. But detective’s mere participation in interrogation not enough to state conspiracy claim. [8] § 1983 familial companionship claim stated for using coerced confessions as basis of continued incarceration. [9] “Defamation-plus” § 1983 claim against deputy DA for saying boys or other third parties may have committed murder is not enough to be “provably false” factual statement. [10] Psychologist’s comparisons of boy to Charles Manson is figurative rhetoric that reasonable minds would not take to be a verifiable fact, and not defamatory. [11] Monell § 1983 claims city’s policy is violation fails where no showing city’s policies permit or encourage coerced confessions. San Diego personal injury attorney.s
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Criminal conviction 404
September 19th, 2011 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Ghadran v Gorabi, 182 Cal.App.4th 416 (2010) (2/5) P’s in limine properly granted to exclude criminal conviction of a pharmacy where he had once worked.San-Diego-Auto-Accident-lawyer.com Ev C § 788 on prior felonyinapplicable where P had not himself been convicted. Therefore, Ev C § 787–specific prior conduct inadmissible–applies. Dictum: court leaves open whether evidence could be admissible under Ev C § 1101(b) to prove some other fact, such as knowledge, motive, intent etc. RevGranted San Diego personal injury attorney.
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Liability for negligent hiring & retention 403
September 19th, 2011 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Diaz v Carcamo, 182 Cal.App.4th 339(2010) (2/6) S’s employee, C, injured D. [1]San-Diego-Auto-Accident-lawyer.com S’s direct liability for negligent hiring & retention of C proper even if S admits C in course & scope of employment. [2] Evidence of C’s ‘checkered past’ admissible to prove #1 issue, and not barred as Ev C § 1101 character evidence where limiting instruction given. [3] Failure to preserve tachograph (truck speed recorder) supports giving instruction on willful suppression even w/o evidence showing S knew its purpose, as in ‘Ah c’mon, everyone in trucking knows what a tachograph is.’ San Diego personal injury attorney.
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