Read the Court's full decision on FindLaw. 11. Based on this Rule, Defendants contend that Officer Peters could testify without providing an expert report because Plaintiffs failed to articulate how they would be prejudiced without such a report. 2151. There was conflicting testimony at trial, however, as to whether Steinberg also told Officer Lamar and Detective Hickman that Torres had “recently been jumped into the CPA gang,” i.e., that Torres had become a member of the gang. As the definition of probable cause indicates, the proper inquiry is whether the detectives had probable cause to believe that Torres had committed a crime, not merely that Torres was the third male passenger in the car.7 While probable cause supports an arrest so long as the arresting officers had probable cause to arrest the suspect for any criminal offense, regardless of their stated reason for the arrest, see Devenpeck v. Alford, 543 U.S. 146, 153-55, 125 S.Ct.
(quoting McKenzie v. Lamb, 738 F.2d 1005, 1008 (9th Cir.1984)). Biden defends Obamacare as Supreme Court mulls its fate. The incident is still being investigated by the LAPD.
In response, LAPD Chief Charlie Beck has launched an effort to improve how the department keeps track of the cases, while also clamping down on the behavior that leads to the lawsuits.
With respect to the first Saucier question, we have already determined that a reasonable jury could find that Defendants violated Torres' constitutional right to be free from arrest without probable cause. 52(a)(1) (“In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately.” (emphasis added)).
No one else was injured. Moreover, the fact that Hernandez did not mention a chain or cross around the passenger's neck casts further doubt on whether Torres matched Hernandez's general description.
Detective Hickman found no matches for Torres.
Id. In addition, as previously discussed, Hernandez gave only a general description of the third male passenger, which did not match Torres in two important respects (head of hair and no mention of prominent cross). Torres said he was released the next day and left on an unfamiliar street. Rule 26(a)(2)(B) provides that, “[u]nless stipulated or ordered by the court, [the disclosure of the identity of witnesses pursuant to Rule 26(a)(2)(A)] must be accompanied by a written report-prepared and signed by the witness-if the witness is one retained or specially employed to provide expert testimony in the case or one whose duties as the party's employee regularly involve giving expert testimony.” Fed.R.Civ.P. Councilman Joe Buscaino, who is a former LAPD officer, and Councilman Mitchell Englander, who is a reserve LAPD officer, were absent. We review for an abuse of discretion the district court's evidentiary rulings.
See Motley, 432 F.3d at 1081 (“A supervisor can be liable under § 1983 if he ‘set[s] in motion a series of acts by others ․, which he knew or reasonably should have known, would cause others to inflict the constitutional injury.’ ”) (modifications in original) (quoting Larez v. City of Los Angeles, 946 F.2d 630, 646 (9th Cir.1991)). The assailant remains at large, and anyone with information about his identity or whereabouts should contact the police immediately to help bring him to justice. While Defendants concede that Detective Giroud was an expert witness, not all expert witnesses must provide an expert report.
POMONA – Congresswoman Norma J. Torres (CA-35) today responded to news that two Los Angeles County Sheriff’s Deputies were ambushed by a gunman on Saturday while sitting in their squad car in Compton, California. Torres then collapsed in the alley.
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