Legal Opinion

Smith v. City of Oakland

District Court, N.D. California

Decided March 17, 2008No. C-05-4045 EMCPublishedCited by 12 opinions

1Opinion of the Court

ORDER DENYING DEFENDANTS’ MOTION FOR JUDGMENT AS A MATTER OF LAW OR ALTERNATIVELY FOR NEW TRIAL (LIABILITY); AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR NEW TRIAL AND REMITTITUR (DAMAGES); AND DENYING PLAINTIFFS’ MOTION TO STRIKE

EDWARD M. CHEN, United States Magistrate Judge.

In this case, after a vigorously contested trial, the jury concluded that Defendant Officers John Parkinson and Marcus Mi-dyett planted a semi-automatic rifle in Plaintiff Torry Smith’s residence in order to frame him. The jury rendered a verdict in favor of both Plaintiffs — Mr. Smith and his…

2Cases cited45 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Heck v. HumphreySupreme Court of the United States · 1994
  3. Whren v. United StatesSupreme Court of the United States · 1996
  4. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  5. United States v. KnightsSupreme Court of the United States · 2001

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3Cited by12 opinions

  1. Restivo v. HessemannCourt of Appeals for the Second Circuit · 2017
  2. Limone v. United StatesCourt of Appeals for the First Circuit · 2009
  3. Seneca Adams v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2015
  4. Booke v. County of FresnoDistrict Court, E.D. California · 2015
  5. Newton v. City of New YorkDistrict Court, S.D. New York · 2016

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