Allgoewer v. City of Tracy

Opinion

ROBIE, J.

Plaintiff Steven Richard Allgoewer sued the City of Tracy and two of its police officers for (among other things) using excessive force in arresting him. Before Allgoewer finished putting on his evidence at trial, the trial court granted nonsuit on the ground that Allgoewer could not prevail without offering expert testimony on “what force a reasonable law enforcement officer would have used under the same or similar circumstances.” On Allgoewer’s appeal, we conclude the trial court prejudicially erred in concluding that expert testimony on the issue of reasonable force was…