California Court of Appeal

In a wrongful death suit under 42 U.S.C. section 1983 alleging that a police officer used unconstitutionally excessive force while the decedent was in custody at a hospital, judgment in favor of the plaintiffs is affirmed, where: 1) the defendants were not entitled to qualified immunity, and in any event waived the argument; 2) the damage award was not excessive and was supported by substantial evidence; and 3) any instructional error was cured by the court's admonition, and therefore legally harmless.

Appellate Information

• Decided 05/30/2012
• Published 05/30/2012

Judges

• Rubin

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Alvarez-Glasman & Colvin, Samuel O. Ogbogu