Legal Opinion
Garcia v. Superior Court
California Court of Appeal
Decided January 31, 1996No. B092707PublishedCited by 19 opinions
1Opinion of the Court
Opinion
VOGEL (C. S.), J.
Introduction
Following his arrest, which allegedly was accomplished with excessive force including a carotid chokehold, decedent Philip Vogel died of asphyxiation. Alleging that the police and paramedics violated decedent’s federal civil rights, decedent’s sister, in her capacity as representative of his estate, brought this action pursuant to the federal Civil Rights Act, 42 United States Code section 1983. In this case we decide whether California’s statutory provision for damages in a survival action adequately fulfills the requirements of the federal Civil Rights…
2Cases cited25 opinions
- Carey v. PiphusSupreme Court of the United States · 1978
- Sullivan v. Little Hunting Park, Inc.Supreme Court of the United States · 1969
- Robertson v. WegmannSupreme Court of the United States · 1978
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
- Burnett v. GrattanSupreme Court of the United States · 1984
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3Cited by19 opinions
- Braillard v. Maricopa CountyCourt of Appeals of Arizona · 2010
- Loth v. Truck-A-Way Corp.California Court of Appeal · 1998
- Choate v. County of OrangeCalifornia Court of Appeal · 2001
- Choctaw Maid Farms, Inc. v. HaileyMississippi Supreme Court · 2002
- Genesis Environmental Services v. San Joaquin Valley Unified Air Pollution Control DistrictCalifornia Court of Appeal · 2003
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