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· 7/6/2011

Jp Ex Rel. Balderas v. City of Porterville

Citations

  • 801 F. Supp. 2d 965
  • 2011 U.S. Dist. LEXIS 72262
  • 2011 WL 2678812

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “typical” 17 misdemeanor Vehicle Code violations “[g]enerally . . . do not justify significant uses of 18 force” without aggravating circumstance giving rise to an increased governmental interest
  • excluding affidavit as hearsay where declarant 28 “was not a percipient witness. . . . [and] relie[d] on notes he made about what [third party] 1 purportedly told him, and is incorporating those notes into the affidavit”
  • “Because there was no excessive force and the officers acted reasonably, 8 there is no liability for state law battery.”
  • “Ordinarily, the issues of breach and 22 causation are questions of fact for the jury.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Anthony W. Ishii

Read full opinion on CourtListener

Sourced 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.