United States Ninth Circuit
Guy v. City of San Diego, 08-56024
In plaintiff's appeal from the district court's denial of his motion for a new trial on damages following a jury verdict reached in his 42 U.S.C. section 1983 action alleging excessive force by police, the order is affirmed in part where substantial evidence supported the jury's finding that plaintiff suffered only nominal damages. However, the order is reversed in part where an attorney's fee award would serve a purpose beneficial to society by encouraging the City of San Diego to ensure that all of its police officers were well trained to avoid the use of excessive force, even when they confronted a person whose conduct had generated the need for police assistance.
Appellate Information
- Argued 06/05/2009
- Decided 06/17/2010
- Published 06/17/2010
Judges
- Before RONALD M. GOULD and JOHNNIE B. RAWLINSON, Circuit Judges, and RALPH R. BEISTLINE,Chief District Judge.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Steven M. Shewry (argued), Shewry & Van Dyke, LLP, San Diego, CA, for the plaintiff-appellant.
- For Appellees:
- Michael J. Aguirre, City Attorney; Andrew Jones, Deputy City Attorney; George Frederick Schaefer (argued), Deputy City Attorney; San Diego, CA, for the defendants-appellees.