Vol. 40 No. 8 BECAUSE CALIFORNIA TORT LAW’S “REASONABLE CARE” STANDARD IS BROADER AND DISTINCT FROM THE FEDERAL FOURTH AMENDMENT’S REASONABLENESS STANDARD, NINTH CIRCUIT HOLDS THAT JURY’S MIXED VERDICTS – FINDING DEPUTIES DID NOT USE EXCESSIVE FORCE BUT WERE NEGLIGENT UNDER CALIFORNIA LAW – WERE RECONCILABLE
In Alves v. Cnty. of Riverside,[1] the Ninth Circuit Court of Appeals concluded that a jury’s mixed verdicts finding deputies did not use excessive force under the Fourth Amendment but were nonetheless negligent under California law were reconcilable on a reasonable theory consistent with the evidence. In reaching its conclusion, the Court explained that California […]