· 4/3/2013
A. D. v. State of Calif. Highway Patrol
Citations
- 712 F.3d 446
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that when evaluating a Rule 50 motion the court should 20 “give significant deference to the jury’s verdict and to the nonmoving parties”
- holding district court has discretion “to consider the amounts discussed in settlement negotiations, or not”
- explaining that, at the motion to dismiss stage, a defendant’s entitlement to immunity turns “on the facts alleged” by the plaintiff
- noting that defendant preserved his position on qualified immunity—renewed in Rule 12 50(b) motion after trial—by bringing Rule 50(a) motion for JMOL before case was submitted to jury
- noting that, even if an officer ultimately arrests the suspect, “he still violates the [D]ue [P]rocess [C]lause if he used force with only an illegitimate purpose in mind”
- expressing that, because juries are presumed to follow the court’s instructions, “we can infer that the jury made [a particular finding] by viewing the jury’s verdict in light of the jury instructions”
Source: CourtListener parenthetical corpus (CC0).
Judges: Alarcon, Arthur, Diarmuid, O'Scannlain, Randy, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.