Civil Rights
Apr. 3, 2004
'Smith' Bars Police-Brutality Victims From Vindicating Wrongs
In Smith v. City of Hemet, a split 9th U.S. Circuit Court of Appeals panel recently upheld dismissal of a plaintiff's excessive police force claim because he earlier pleaded guilty in state court to resisting arrest. A request for en banc review is pending. The 9th Circuit should grant review and reverse.
Robert L. Bastian Jr.
Partner Bastian & Dini
Penthouse Suite 9025 Wilshire Blvd
Beverly Hills , CA 90211
Phone: (310) 789-1955
Fax: (310) 822-1989
Email: robbastian@aol.com
Whittier Law School
In Smith v. City of Hemet, 356 F. 3d 1138 (9th Cir. 2004), a split 9th U.S. Circuit Court of Appeals panel recently upheld dismissal of a plaintiff's excessive police force claim because he earlier pleaded guilty in state court to resisting arrest. A request for en banc review is pending. The 9th Circuit should grant review and reverse.
Smith, angry at his circumstances on the night of his arrest, delayed taking his han...
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