TETER v. CITY OF NEWPORT BEACH

No. S106553.

133 Cal.Rptr.2d 139 (2003)

30 Cal.4th 446

66 P.3d 1225

Craig TETER, Plaintiff and Respondent, v. CITY OF NEWPORT BEACH, Defendant and Appellant.

Supreme Court of California.

April 28, 2003.


Attorney(s) appearing for the Case

Robert W. Burnham, City Attorney, Daniel K. Ohl, Deputy City Attorney; Glen E. Tucker, Pasadena; Beam, Brobeck, West & Sullivan, Beam, Brobeck & West, David J. Brobeck, Jr., and Kermit D. Marsh, Santa Ana, for Defendant and Appellant.

Jones & Mayer, Martin J. Mayer. Long Beach, and Michael R. Capizzi, Santa Ana, for California State Sheriffs' Association, California Police Chiefs Association, California Peace Officers' Association, California State Association of Counties and Ten California Cities as Amici Curiae on behalf of Defendant and Appellant.

Michael R. Cully and Associates, Michael R. Cully, Huntington Beach; and Jean Ballantine, Los Angeles, for Plaintiff and Respondent.


BROWN, J.

Plaintiff was arrested and jailed for public intoxication (Pen.Code,1 § 647, subd. (f); hereafter section 647(f)),2 but was later released without charges (§ 849, subd. (b)(2); hereafter section 849(b)(2)).3 While he was in jail, defendant was badly beaten by another prisoner and he sued the City of Newport Beach...

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