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Fresno Ducks Lawyer's Excessive Force Claim

Posted By Paula Collis, Wednesday, May 4, 2016

Fresno County dodged excessive force and unlawful arrest liability in a case where an officer on courthouse detail arrested an attorney who refused to hand over a child's toy wrench that was found in the purse of his client's family member.
U.S. Magistrate Judge Stanley Boone on Monday ruled in favor of Fresno County on attorney Richard Berman's municipal liability claims for excessive force and unlawful arrest, finding that Berman did not show that the county failed to properly train or supervise its deputies.
The case stems from an incident between Berman, who was 65 years old at the time, and Fresno County Sheriff's Deputy Tracy Sink in March 2012 at the Fresno County Criminal Courthouse.
According to Berman, he and a client were going through a security checkpoint at the courthouse when Sink detected a child's plastic wrench in the purse of a family member of Berman's client.
Sink said that the toy was not allowed in the courthouse and told the woman to throw it out, Berman says.

Read the whole story at Courthouse News Service

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