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Section 1983 Action Alleging Excessive Force by Police, and Criminal Matter

By FindLaw Staff on June 17, 2010 7:41 PM

Guy v. City of San Diego, No. 08-56024, concerned plaintiff's appeal from the district court's denial of his motion for a new trial on damages following a jury verdict reached in his 42 U.S.C. section 1983 action alleging excessive force by police.  The court of appeals affirmed in part, on the ground that substantial evidence supported the jury's finding that plaintiff suffered only nominal damages.  However, the court reversed in part, holding that an attorney's fee award would serve a purpose beneficial to society by encouraging the City of San Diego to ensure that all of its police officers were well trained to avoid the use of excessive force, even when they confronted a person whose conduct had generated the need for police assistance.

Del Banjo v. Ayers, No. 08-56512, involved a prosecution for kidnapping with the intent to commit rape and/or sodomy and one count of sodomy.  The court of appeals affirmed the denial of petitioner's habeas petition, on the ground that the statute of limitations applicable to the petition was not tolled because petitioner's delay was not reasonable, nor was it consistent with the short periods of time permitted by most states and envisioned by the Supreme Court in reaching its decisions in Saffold and Chavis.

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