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Nguyen: the testimony behind a contested psychiatric hold

After a bench trial the court found officers had probable cause under § 5150, used reasonable force, and — on the retaliation count — accepted the officers' testimony that the plaintiff's speech was not a factor in the decision to detain

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What the record says

Worldwide register by region (Batch 2) · Batch 11

Jurisdiction / date
San Diego; S.D. Cal. 3:11-cv-02594; 9th Cir. No. 15-56996, 20 Mar 2017
Mechanism
5150; First Amendment retaliation claim tried
What is documented
After a bench trial the court found officers had probable cause under § 5150, used reasonable force, and — on the retaliation count — accepted the officers' testimony that the plaintiff's speech was not a factor in the decision to detain
Finding or status
JUDICIAL FINDING, REJECTED on the merits (9th Cir. memorandum)
Limits
The only California case found in eleven batches in which retaliatory motive for a § 5150 hold was adjudicated rather than dismissed on immunity or state-action grounds. The finding rests on officer credibility at trial; the district-court findings of fact are the document to open
Label
VERIFIED (memorandum)
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Linked corrections

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Reference and provenance

2011-CA-SAN-DIEGO-NGUYEN

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