9th Circuit Court Of Appeals Overturns Verdict Against CHP

[SgtCHP]

Hooray for making a sound decision!

9th Circuit Court Of Appeals

[DAL]

I doubt that the article describes the court's reasoning very well, but I applaud the outcome.

I thought that the amounts of the jury awards were very low, which suggests a compromise verdict. The best part is that the lawyer does not get a fee.

[SgtScott31]

$560k in attorney fees? Who the he** was representing the family??

[Pogue Mahone]

That's a no-brainer, but I'm still shocked that it was the 9th Circus who actually pulled their heads out.

[phillydog07]

It's the right decision on the part of the court. It's a shame that the two children will go the rest of their lives without their mother because of her decision to run from and then attack those officers.

[HI629]

Finally a decision that I like out of the 9th circuit. I hope the attorney has enough sense to abandon further legal action. The woman made many horrible decisions and put her two children in a lot of danger. As a result of her actions, her children are left without a mother.

It amazes me how some criminals put the lives of the general public, members of their family and LEO at risk, only to turn around and sue the government, LEO and whoever else they can think of when they end up dead or injured. Sadly it looks like personal responsibility is a little lacking these days.

I hope the two children turn out OK.

[Doughboy213]

Wait... The Ninth Circuit... Ruled... For police!

[Phouse70]

Jurors awarded $30,000 each to Eklund's 10-year-old son and 12-year-old daughter, and the trial judge added $560,000 in legal fees. But the Ninth U.S. Circuit Court of Appeals in San Francisco said Wednesday the case should never have gone to the jury.

^^^^
That alone makes this a "suspect" case... That is a whole lot to the lawyer and not a whole lot to the kids.


Reading the rest of the article... the officer was defintely within his force continuum.

[mtxpro752]

Even a broken clock is right twice a day, unless it's digital....lol

9th Circus pulls out a correct descision every once in a while.

[DACP]

Interesting, the 9th is generally way off base with the rest of the country and judicial system when it renders decisions. As for the attorney fees, Christ even at $100-200 an hour, that is a whole lot of jack to be tossed their way.

[DAL]

Interesting, the 9th is generally way off base with the rest of the country and judicial system when it renders decisions. As for the attorney fees, Christ even at $100-200 an hour, that is a whole lot of jack to be tossed their way.

The judges on the 9th Circuit are not all liberals. Panels of three are picked at random, so you sometimes get two conservative judges.

As far as attorneys' fees go, $200 per hour would be cheap.

[jannino]

$400 an hour is the norm for a premium attorney around here

[nonickname69]

That's a no-brainer, but I'm still shocked that it was the 9th Circus who actually pulled their heads out.

It actually makes sense. The 9th will pretty much always side with the one whose rights were violated. In this case the CHP and officer were subjected to an unfair and completely BS case. Also coupled with SCOTUS ruling that the only the information the officer had the time of the incident may be used in determining the correct amount of force may be considered. No more Monday morning quarterbacking.

"Eklund was unarmed, and her car was not moving when she was shot. Markgraf said he feared she was about to run down the other officers, but a federal court jury concluded in May 2009 that he had used deadly force with no legitimate law enforcement purpose."

Really? No purpose what-so-ever? How about the stolen car, high speed chase, assault with a deadly weapon (ramming police cars)? Easy 3 - 0 decision for the 9th.

Also an excerpt from the actual opinion:

Eventually the Ford turned onto a street that curves right at
the end into a cul-de-sac and hit a chain link fence. Markgraf’s
vehicle stopped broadside of the Ford and some thirty
feet behind it, followed by the other patrol cars. Markgraf got
out of his vehicle and ran to the right of the Ford to take cover
by a parked car; Johnson was still in the police unit, trying to
remove his seatbelt.

Eklund then backed into the police car. When she drove
forward and stopped, Markgraf looked inside the Ford, did
not see any weapons, and tried unsuccessfully to open the
door and window while yelling at the driver that the chase
was over and to turn off the car. The driver yelled “F —- you”
at Markgraf. Eklund reversed again and rammed the police
car two more times. Markgraf then opened fire.

She was ramming a vehicle WITH an officer still in it. WTF was that jury thinking? He should have used water balloons?

http://www.ca9.uscourts.gov/datastor...6/09-16460.pdf

[DOAcop38]

It's the right decision on the part of the court. It's a shame that the two children will go the rest of their lives without their mother because of her decision to run from and then attack those officers.

the shooting"victim" made POOR life decisions, and it sounds like she was more concerned with "getting away" than her kids, or her own well being,or the well being of others....

ugly that the CHP officer had to use deadly force, in a bad situation,but we are living in a time here LE is being pushed to make those awful choices.You are going to see alot more "bad" shootings becuase people are willfully "going down fighting", and putting officers in the "you or me" situation....

Oh, and sometimes the 9th circuit court is on our side....

[RaucousSilence]

$400 an hour is the norm for a premium attorney around here

OK, fine. $560,000/400 is still 1,400 hours. That's 35 weeks at 40 hours a week, doing nothing but working on this case.