King v. StateAnnotate this Case
The State and California Highway Patrol (CHP) Officer Tawney appealed a judgment in which the jury found Tawney violated 42 U.S.C. 1983 by making a constitutionally unreasonable detention and search of plaintiff and Civil Code section 52.1, also known as the Tom Bane Civil Rights Act (Bane Act), by making threats of violence. The court concluded that substantial evidence supports the finding that Tawney unreasonably detained plaintiff; the trial court arguably erred by admitting evidence of plaintiff's acquittal of violating Vehicle Code section 27007, but Tawney and the state have failed to establish prejudice; substantial evidence supports the unreasonable search finding; the state and Tawney were not entitled to judgment not withstanding the verdict on the basis of qualified immunity; the trial court did not err by excluding testimony regarding CHP policy; the evidence is insufficient to support the jury's finding that Tawney violated the Bane Act; and plaintiff's cross-appeal on his Bane Act claim is moot. Accordingly, the court reversed as to the Bane Act cause of action and otherwise affirmed.