F.E.V. v. City of Anaheim
C.A. 4th; G052460 The Fourth Appellate District reversed a judgment and remanded. The court held that justice would not be served by giving preclusive…
September 20, 2017 at 06:20 PM
3 minute read
C.A. 4th;
G052460
The Fourth Appellate District reversed a judgment and remanded. The court held that justice would not be served by giving preclusive effect to a judgment, the validity of which was based entirely on a federal judgment that was later reversed
In 2009, Adolf Gonzalez was shot and killed by City of Anaheim police officers following a traffic stop. Gonzalez' survivors filed a complaint in federal court against the city and the two officers, alleging civil rights claims under 42 U.S.C. §1983 and various state law claims. The federal district court granted summary judgment in favor of the defendants on the civil rights claims and dismissed the state law claims without prejudice. Plaintiffs then filed a state court complaint asserting causes of action for (1) false arrest/false imprisonment, (2) battery, (3) negligence, (4) wrongful death, and (5) violation of the Bane Act. The trial court sustained defendants' demurrer without leave to amend on grounds of collateral estoppel. While plaintiffs' appeal from that ruling was pending, the Ninth Circuit Court of Appeals affirmed the district court judgment in favor of defendants. The court of appeal thereafter also affirmed the trial court ruling, holding that the federal court judgment collaterally estopped Plaintiffs from pursuing their state law causes of action.
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