Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Nelson v. Davis, No. 07-16905

By FindLaw Staff on July 07, 2009 3:24 PM

In a 42 U.S.C. section 1983 action based on allegedly excessive force by police, summary judgment for Defendants is reversed where the "sham affidavit" rule does not preclude the introduction of testimony from other witnesses that is arguably inconsistent with a plaintiff's deposition testimony.

Read Nelson v. Davis, No. 07-16905

Appellate Information

Argued and Submitted March 13, 2009

Filed July 7, 2009

Judges

Opinion by Judge Thomas

Counsel

For Appellant:

John L. Burris, Law Offices of John L. Burris, Oakland, CA

Adanté D. Pointer, Law Offices of John L. Burris, Oakland, CA

For Appellees:

J. Scott Smith, Angelo, Kilday & Kilduff, Sacramento, CA

Douglas R. Thorn, Angelo, Kilday & Kilduff, Sacramento, CA

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard