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Anaheim Liable for Loss of Life Damages Over Police Chokehold

Aug. 3, 2021, 7:03 PM

A California man’s family held onto a $3.6 million loss of life damages award against a city whose police officers were held responsible for his death, because such damages are available in federal civil rights suits, the Ninth Circuit said Tuesday.

A state law that forbids recovery for loss of life clashes with 42 U.S.C. Section 1983’s remedial purpose and undermines its deterrence policy, the U.S. Court of Appeals for the Ninth Circuit said. Thus, it doesn’t apply in a lawsuit alleging officers applied excessive force in violation of federal law, resulting in death, it said.

Fermin Valenzuela Jr. ...

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