Nelson v. Davis, No. 07-16905

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