California Court of Appeal

In an appeal from a judgment of the trial court dismissing plaintiff's Section 1983 complaint and other related claims on summary adjudication, judgment is reversed where: 1) in a failed criminal prosecution, deprivation of liberty may be established regardless of whether the plaintiff was convicted or incarcerated; 2) the trial court erred in shifting to the plaintiff the burden to produce evidence raising a triable issue of fact on the adequacy of police training; and 3) an amendment under Code of Civil Procedure section 473(a)(1)does not requires notice to the adverse party.

Appellate Information

• Decided 10/04/2011
• Published 10/04/2011

Judges

• ELIA

Court

• California Court of Appeal

Counsel