Van Ort v. Estate of Stanewich
Opinion
Lead Opinion
Wallace, J.
Donald Van Ort and his grandmother, Helen (the Van Orts), appeal from the district court’s judgment reversing a jury verdict in their favor. The Van Orts also appeal from the district court’s judgment against them on their state law negligence claims.
The Estate of Stanewich (Estate) joins in the Van Orts’ appeal of the district court’s rulings on the federal civil rights and state law negligence claims.. It separately appeals from the district court’s denial of its motion to limit the Van Orts’ claims to the insurance policy coverage.
The district court ha'd jurisdiction under 28 U.S.C. §§ 1331 , 1343, and 1367. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand for entry of an amended judgment.
I
San Diego County Sheriffs Deputy Michael Stanewich served as an area detective stationed at the San Diego Sheriffs Encini-tas substation. His duties included undercover narcotics investigation.
On May 30, 1991, Stanewich and other officers conducted a narcotics search of the Van Orts’ Encinitas residence. The officers found no contraband or illegal drugs, and the search resulted in no criminal prosecutions.…