Legal Opinion
Payne v. County of Humboldt
District Court, N.D. California
Decided March 18, 1987No. C-82-5190 EFLPublishedCited by 4 opinions
1Opinion of the Court
ORDER
LYNCH, District Judge.
This action involves claims arising out of the death of Virgil Payne, who was shot three times and killed by a Humboldt County deputy sheriff. Before Mr. Payne died, two deputy sheriffs allegedly kicked him several times in the head. The complaint alleges causes of action under 42 U.S.C. section 1983 against the two deputy sheriffs involved in the incident, the former sheriff of Humboldt County, and the County of Humboldt. The case was tried to a jury. At the close of evidence, plaintiffs requested a jury instruction stating that the individual defendant deputy…
2Cases cited16 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Davis v. SchererSupreme Court of the United States · 1984
- City of Los Angeles v. HellerSupreme Court of the United States · 1986
- Wayne Ernest Barker v. Ben Norman and Jack BallasCourt of Appeals for the Fifth Circuit · 1981
- Jack Harris, II v. City of Roseburg, Municipal Corporation, John Miller and Les BergmanCourt of Appeals for the Ninth Circuit · 1981
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3Cited by4 opinions
- Remo Benigni, Dba the Silver Fox v. City of Hemet Roger Miller Jesse Pease Scott JerniganCourt of Appeals for the Ninth Circuit · 1989
- Peterson v. LittlejohnCourt of Appeals of Washington · 1989
- Remo Benigni, Dba the Silver Fox v. City of Hemet Roger Miller Jesse Pease Scott Jernigan, DefendantsCourt of Appeals for the Ninth Circuit · 1988
- Remo Benigni, D/B/A the Silver Fox v. City of Hemet Roger Miller Jesse Pease Scott JerniganCourt of Appeals for the Ninth Circuit · 1989