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
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