2013 saw many court victories in California in the area of police brutality civil rights. We at California Police Brutality Lawyers are especially happy with the following three holdings, which expand the ways victims of police brutality can secure justice under state and federal law:
Hayes v. City of San Diego – California Supreme Court, August 19, 2013 – Preshoot Negligence – In a case arising out of a police officer shooting death of a suicidal man, California’s highest court held that cops can be held liable for negligent preshoot conduct in state tort negligence actions, as preshoot conduct is part of the “totality of the circumstances” under which a police shooting occurs.
Bender v. County of Los Angeles – California Court of Appeal, Second Appellate District, July 9, 2013 – Bane Act – after a troubling decision involving application of the Bane Act in case of negligent overdetention, California appellate court clarifies that deputy sheriff can be held liable under the Bane Act civil rights statute (which provides for triple damages and punitive damages in cases involving deprivation of civil rights by threats, intimidation or coercion), when he falsely arrests someone and then on top of that beats that person up and engages in police brutality.
Goldstein v. City of Long Beach – Ninth Circuit, May 8, 2013 – Prosecutor Liability Under Section 1983 – Despite obstacles plaintiffs encounter in suing prosecutors under Section 1983, in this case the Ninth Circuit allowed plaintiff to sue the Los Angeles County District Attorney for its role in the wrongful conviction that sent him to prison for a murder he did not commit, considering the failure of that entity to create a database of information regarding unreliable jailhouse snitches such as the one who presented key evidence against him.
Source: Justice Beat Blog