SCHMIDLIN v. CITY OF PALO ALTO

No. H026841.

69 Cal.Rptr.3d 365 (2007)

157 Cal.App.4th 728

Michael SCHMIDLIN, Plaintiff and Appellant, v. The CITY OF PALO ALTO et al., Defendants and Appellants.

Court of Appeal of California, Sixth District.

As Modified January 2, 2008.


Attorney(s) appearing for the Case

Mark Martel, Palo Alto, for Plaintiff and Appellant Michael Schmidlin.

Office of the City Attorney, Gary M. Baum, City Attorney, William B. Mayfield, Senior City Attorney, Donald A. Larkin, Assistant City Attorney, Attorneys for Defendants and Appellants, The City of Palo Alto et al.


RUSHING, P.J.

Plaintiff Michael Schmidlin brought this action against the City of Palo Alto and several of its police officers, alleging that the officers committed various constitutional and common-law torts when they detained and arrested him for public drunkenness. After various claims were dismissed on legal grounds, a jury found that officers had used excessive force against plaintiff, but rejected claims of unlawful arrest and fabrication of police reports....

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