California Court of Appeal

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Sialoi v. City of San Diego, 14-55387

In an action under 42 U.S.C. section 1983 and state law alleging, among other things, unlawful arrest and detention, illegal search, and excessive force, the district court's denial, on summary judgment, of a motion for qualified immunity brought by San Diego police officers, is affirmed where,taking the facts in the light most favorable to the plaintiffs, once officers discovered that an item held by one of the suspects was a mere toy, rather than a handgun, the officers violated clearly established law and acted wholly unreasonably in using extreme force to disrupt a peaceful birthday party for a seven-year-old girl, and in searching the family's apartment without a warrant or consent.

Appellate Information

  • Decided
  • Published 2016/05/24

Judges

  • REINHARD

Court

  • California Court of Appeal

Counsel

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