Bailey v. County of Riverside

SCHROEDER, Chief Judge:

This is an appeal from a verdict and an award of attorneys’ fees in an action for excessive force under 42 U.S.C. § 1983 and for negligence under California state law. The case arises from an episode in which the defendants, County of Riverside deputy sheriffs Frank Tiburzio and Gary Colbert, forcibly ejected the plaintiff, Ronald O. Bailey, from an adult bookstore and arrested him.

The principal issue on the merits relates to the sufficiency of the evidence supporting the jury’s negligence verdict in favor of the plaintiff. The defendants also contend the motion for…