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California Court of Appeal, 07/29/2015
Green v. Co. of Riverside, No. D067424
In an action for violation of civil rights and the Fourteenth Amendment under 42 U.S.C. section 1983 and wrongful death under California law against the County of Riverside and Riverside County Deputy Sheriffs, arising out of the death of plaintiff’s son while in the officers’ custody, judgment if favor of defendants is affirmed where: 1) the court properly admitted evidence on the decedent’s use of cocaine; 2) any error that resulted from the court’s failure to instruct on negligence was harmless; and 3) the court correctly instructed the jury on the mental state required in a Fourteenth Amendment excessive use of force case under section 1983 because this case did not involve reflective decision making by the officers, but instead their reaction to fast-paced circumstances presenting competing public safety obligations. More Information