Legal Opinion
Evans v. City of Bakersfield
California Court of Appeal
Decided February 8, 1994No. F016745PublishedCited by 23 opinions
1Opinion of the Court
Opinion
BUCKLEY, J.
—This case stems from the detention of plaintiff, Joe Evans, by defendants, City of Bakersfield (City) and Police Officer Joseph Bianco, which ultimately resulted in Evans’s hospitalization for a broken neck. The City appeals from a verdict in favor of Evans for state tort causes of action and federal civil rights violations.
We will reverse, holding that a person subjected to an unlawful detention does not have the right to use reasonable force to resist such detention and that in giving the “Coffey 1 instruction to the jury, the trial court committed reversible error.
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2Cases cited17 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- United States v. Di ReSupreme Court of the United States · 1948
- People v. GonzalezCalifornia Supreme Court · 1990
- People v. MickelsonCalifornia Supreme Court · 1963
- Fare v. Tony C.California Supreme Court · 1978
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. CrawleySupreme Court of New Jersey · 2006
- State v. ValentineWashington Supreme Court · 1997
- Kaatz v. CITY OF SEASIDECalifornia Court of Appeal · 2006
- People v. HurtadoCalifornia Court of Appeal · 1996
- People v. AguilarCalifornia Court of Appeal · 1997
18 more not listed; retrieve them via the Exa API.