Allgoewer vs. City Of Tracy (207 Cal.App.4th 755)
Jul 05, 2012OUTCOME: Reversed: Case of first impression
Arrestee brought action against city and two of its police officers, alleging use of excessive force in arresting him. The Superior Court, San Joaquin County, No. 39200800187830CUCRSTK, Carter P. Holly ... , J., granted defendants' motion for nonsuit and dismissed action. Arrestee appealed. The Court of Appeal, Robie, J., held that: 1) as a matter of first impression, expert testimony is not required for a jury to determine whether a particular amount of force was unreasonable under the circumstances of a particular case; 2) defendants failed to establish that expert testimony was necessary to demonstrate what force a reasonable law enforcement officer would have used under the same or similar circumstances; and 3) defendants were not entitled to judgment of nonsuit on the basis of qualified immunity.