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Archive for February, 2008

Defense Verdict and Summary Judgment in Government Liability Action

Monday, February 25th, 2008

In this matter, plaintiff alleged that, while incarcerated, defendants deputies, Sheriff’s Department, County, and Sheriff, engaged in actions amounting to the use of excessive force, battery, intentional infliction of emotional distress, and negligence.  In addition, plaintiff asserted claims for negligent supervision and unconstitutional policies, practice, and procedures.  We successfully argued a motion for summary judgment on plaintiffs’ Monell, negligent supervision, and general negligence claims.  At trial, we argued that the evidence supported defendants’ contention that the force used was justified and reasonable.  In addition to obtaining a defense verdict, our application to tax costs was granted.

Posted in Defense Verdict, Government Liability, Summary Judgment |

Failure to Provide Security Case Dismissed Against Government Entity

Friday, February 15th, 2008

Plaintiff alleged that the local law enforcement agency did not provide sufficient security at a public venue when he was assaulted by a third-party. In a letter, we advised plaintiff’s counsel that our clients, public entities defendants, had absolute immunity pursuant to Government Code § 845, and that our clients had not breached any duty or care owed to the plaintiff. Soon thereafter, plaintiff filed a dismissal.

Posted in Case Dismissal, Government Liability |


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