(Download) "United States v. Romero-Avila" by Ninth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free

eBook details
- Title: United States v. Romero-Avila
- Author : Ninth Circuit U.S. Court of Appeals
- Release Date : January 26, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Nine environmental activists, along with an entity called Headwaters Forest Defense, brought this action under 42 U.S.C. S 1983, alleging that the use of pepper spray on the activists during three protests in Humboldt County constituted excessive and unreasonable force in violation of their Fourth Amendment rights. The named defendants included Humboldt County and its Sheriffs Department; Humboldt County Sheriff Dennis Lewis and Chief Deputy Sheriff Gary Philp, who authorized the use of pepper spray; the City of Eureka and its Police Department; as well as each law enforcement officer who participated in the protesters arrests. The district court granted summary judgment on qualified immunity grounds in favor of all individual defendants, except for Sheriff Lewis and Chief Deputy Sheriff Philp. A jury trial in this case consumed nine days. At the close of plaintiffs case-inchief, the district court ruled that Lewis and Philp were also entitled to qualified immunity as a matter of law and dismissed the case against them. After deliberating for six hours on the remaining claims, the jury announced that it was irreconcilably deadlocked. The district court declared a mistrial and set a new trial date. But eight weeks later, the district court reversed itself and granted defendants motion for judgment as a matter of law.