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LARSON v. CITY OF OAKLAND

Docket No. 27192.

17 Cal.App.3d 91 (1971)

94 Cal. Rptr. 466

NILES W. LARSON, Plaintiff and Respondent, v. CITY OF OAKLAND, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

April 26, 1971.

Attorney(s) appearing for the Case

COUNSEL

Edward A. Goggin, City Attorney, and Mark B. Shragge, Deputy City Attorney, for Defendant and Appellant.

Naphan & Arne and Jon A. Rantzman for Plaintiff and Respondent.

OPINION

DAVID, J.*

Defendant city appeals from an order granting a new trial rendered on the basis that respondent was not a "prisoner" under Government Code section 844.6, subdivision (a), as a matter of law. The action arose upon respondent's complaint for damages for personal injuries sustained as a result of alleged assault and battery committed by defendant city's police officer. The present order...

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