Raymond Aldan Ayuyu v. Hillary Tagabuel

Good Law
2002 Daily Journal DAR 3074·284 F.3d 1023·2002 WL 431917·52 Fed. R. Serv. 3d 411·2002 Cal. Daily Op. Serv. 2506
United States Court of Appeals for the Ninth CircuitMarch 20, 200201-15119California1,230 words

Opinion

Opinion

Goodwin, J.

The defendant, a police officer, appeals a judgment following a jury trial awarding plaintiff one dollar in general damages and $10,000 in punitive damages. The only issue on appeal is whether the evidence supports the verdict.

It is undisputed that the officer interviewed the plaintiff, a developmentally handicapped nineteen-year-old male, at the police station, and obtained from him a written waiver of Miranda rights and a confession to stealing a wallet. After the plaintiff obtained the services of the public defender, the prosecutor dismissed the criminal case that had been instituted on the basis of the confession.

The plaintiff sued under 42 U.S.C. § 1983 for damages, alleging violation of his Fourth, Sixth and Fourteenth Amendment rights, and the case went to trial. Each party vigorously disputed the other side’s account of what had happened. The record fully supports sending the factual questions to the jury.

The plaintiff testified that he was taken to the police station and was told to sign a written confession prepared by the officer. While the plaintiffs testimony was unclear and confused, it provided the jury with circumstantial evidence that the plaintiff did not…

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