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McFADDEN v. VILLA

No. E028151.

113 Cal.Rptr.2d 80 (2001)

93 Cal.App.4th 235

Mark McFADDEN, Plaintiff and Respondent, v. Patrick VILLA, Defendant and Appellant.

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

As Modified October 25, 2001.

Review Denied January 3, 2002.

Attorney(s) appearing for the Case

Alan K. Marks, County Counsel, and Michael A. Sachs, Chief Deputy County Counsel; Greines, Martin, Stein & Richland and Timothy T. Coates, Beverly Hills, for Defendant and Appellant.

Rastegar & Matern, Matthew J. Matern, Lawndale, and Douglas W. Perlman, for Plaintiff and Respondent.

OPINION

GAUT, J.

1. Introduction

A jury found that defendant Patrick Villa, a San Bernardino County deputy sheriff, committed battery on plaintiff Mark McFadden, for which the jury awarded McFadden $25,000. The jury also found Villa did not violate plaintiffs civil rights under Title 42, United States Code, section 1983, by use of excessive force or otherwise.1 After plaintiffs motion for new trial or for additur...

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