Larson v. City of Oakland

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 reversed an order granting defendant’s motion for nonsuit.

The testimony presented at trial pertinent to the issue on appeal may be summarized as follows: Shortly after 2 a.m. on September 29,…