Legal Opinion

Hernandez v. City of Pomona

California Supreme Court

Decided May 28, 2009No. S149499PublishedCited by 97 opinions

1Opinion of the Court

Opinion

CHIN, J.

We granted review in this case to consider the following question: When a federal court enters judgment in favor of the defendants on a civil rights claim brought under 42 United States Code section 1983 (section 1983), in which the plaintiffs seek damages for police use of deadly and constitutionally excessive force in pursuing a suspect, and the court then dismisses a supplemental state law wrongful death claim arising out of the same incident, what, if any, preclusive effect does the judgment have in a subsequent state court wrongful death action? Based on principles of…

2Cases cited36 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Pearson v. CallahanSupreme Court of the United States · 2009
  3. Scott v. HarrisSupreme Court of the United States · 2007
  4. Whren v. United StatesSupreme Court of the United States · 1996
  5. Tennessee v. GarnerSupreme Court of the United States · 1985

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3Cited by97 opinions

  1. ReadyLink Healthcare, Inc. v. State Compensation Insurance FundCourt of Appeals for the Ninth Circuit · 2014
  2. Hayes v. County of San DiegoCalifornia Supreme Court · 2013
  3. Melissa Cook v. Cynthia HardingCourt of Appeals for the Ninth Circuit · 2018
  4. Mullins v. StateTennessee Supreme Court · 2009
  5. People v. CurielCalifornia Supreme Court · 2023

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