Velazquez v. City of Long Beach

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Plaintiff filed suit against the City and several police officers under 42 U.S.C. 1983 and California law, alleging unlawful arrest and excessive force claims. The court concluded that there was sufficient evidence on which a reasonable jury could have concluded that no probable cause existed, based both on evidence that plaintiff did not in fact resist Officer Abuhadwan and evidence that plaintiff did not impede Abuhadwan in the exercise of his lawful duties. Therefore, the court reversed the grant of summary judgment as a matter of law on the unlawful arrest claim. The court also concluded that the district court’s grant of judgment as a matter of law on plaintiff's unlawful arrest claim so substantially prejudiced the jury’s consideration of the excessive force claim as to warrant reversal of the verdict. The court held that the district court's incorrect evidentiary ruling, categorically excluding evidence to establish plaintiff's theory on municipal liability, resulted in the judge erroneously entering judgment as a mater of law for defendants. Therefore, the court reversed the district court's grant of judgment as a matter of law on the Monell claims. The court further held that the district court abused its discretion in blanketly refusing to exercise supplemental jurisdiction, and so reversed its dismissal of plaintiff’s state law claims. View "Velazquez v. City of Long Beach" on Justia Law