Sunday, April 26, 2015
YOLO COUNTY NEWS
99 CENTS

Student wins right to sue

By
July 9, 2009 |

A former UC Davis student who was injured in a Picnic Day weekend melee at a Davis apartment complex can proceed with his lawsuit against Davis and UCD police, the 9th Circuit Court of Appeals ruled Tuesday.

Timothy Nelson, then 21, suffered lingering injuries and lost his football scholarship after being struck in the eye with a pepper ball that was shot by officers responding to the April 16, 2004, pre- Picnic Day gathering at what was then called the Sterling University Apartments on Cantrill Drive.

Police estimated at the time that they had to disperse as many as 800 partygoers, some of whom angrily pelted the officers with bottles and food. Officers fired “several dozen” pepper balls to control the crowd.

Nelson testified at a deposition that he was among a group of people who were walking from a hallway to an outside breezeway when police began firing at them.

“I was just walking out,” Nelson testified, according to the appellate court decision. “That’s all I remember is walking out and … then I got hit.”

However, two women who were at the apartment complex that night, Bridget Collins and Alicia Vittitoe, testified that Nelson was standing in front of the breezeway door when the pepper ball shots were fired, “making him an intended target of the shooting,” the appellate court decision said.

A U.S. District Court judge ruled in the police departments’ favor and dismissed Nelson’s claims in 2007. The ruling stated that Nelson was not an intended target of the shooting because “any inference in that regard that may be drawn from the equivocal testimony of others, however, is nullified by the plaintiff’s own clear version of what transpired during the period immediately surrounding his injury.”

But the appellate court disagreed, saying the summary judgment was predicated on an extension of the “sham affidavit” rule, which precludes a party from creating an issue of fact to prevent summary judgment by submitting an affidavit that directly contradicts previous deposition testimony of the affiant.

“Under the circumstances presented by this case, we conclude the doctrine does not extend that far,” Circuit Judge Sidney R. Thomas wrote in the 10-page ruling.

Nelson’s lawsuit names as defendants the city of Davis and its Police Department, the University of California Regents, former Davis Police Chief Jim Hyde, former UC Davis Police Chief Calvin Handy and various officers and sergeants from both agencies.

— Reach Lauren Keene at [email protected] or (530) 747-8048. Comment on this story at www.davisenterprise.com

Comments

comments

  • Recent Posts

  • Enter your email address to subscribe to this newspaper and receive notifications of new articles by email.

  • .

    News

    Davis team wins world robotics championship

    By Anne Ternus-Bellamy | From Page: A1 | Gallery

     
     
     
    Nepal quake death toll exceeds 1,800

    By The Associated Press | From Page: A2 | Gallery

    Spring storm delivers late rain, snow to Northern California

    By The Associated Press | From Page: A2

     
    At the Pond: Plenty of pleasures in our bioregion

    By Jean Jackman | From Page: A3 | Gallery

    Pioneering organic chef presents her memoir Monday

    By Special to The Enterprise | From Page: A4

     
    Suspect in UCD assault arrested

    By Lauren Keene | From Page: A4

    Dog park marks anniversary with cleanup

    By Special to The Enterprise | From Page: A4

     
    Rail-safety bill passes Senate committee

    By Special to The Enterprise | From Page: A4

    Free Family Bike Clinic set Sunday

    By Enterprise staff | From Page: A4

     
    Watch them in action

    By Julia Ann Easley | From Page: A5

    Stocks rise on tech earnings; Nasdaq adds to record

    By The Associated Press | From Page: A8

     
    Dodd speaks as part of public policy series

    By Special to The Enterprise | From Page: A9

    We did it (together)!

    By Enterprise staff | From Page: A10

     
    $2.72 million judgment ordered against Dollar Tree Stores

    By Special to The Enterprise | From Page: A10

    Fly Fishers to hear about advanced streamer tactics on Tuesday

    By Special to The Enterprise | From Page: A11 | Gallery

     
    Bicycle activist will speak Monday at Hall of Fame

    By Enterprise staff | From Page: A11 | Gallery

    UCD hosts bike auction Saturday, May 2

    By Enterprise staff | From Page: A11 | Gallery

     
    .

    Forum

    Those texts still linger

    By Creators Syndicate | From Page: B6

     
    New ways of giving locally and beyond

    By Marion Franck | From Page: B6

     
    Study questions accuracy of tumor gene mapping

    By The Associated Press | From Page: B6

    Water, water everywhere?

    By Letters to the Editor | From Page: A12

     
    Mayor’s Corner: A spirit of renewal permeates Davis

    By Special to The Enterprise | From Page: A12

    More work to do for a safe Picnic Day

    By Our View | From Page: A12

     
    Tom Meyer cartoon

    By Debbie Davis | From Page: A12

    Poker proceeds help youths

    By Letters to the Editor | From Page: A12

     
    Invest in water of the future

    By Letters to the Editor | From Page: A12

     
    Anaheim, where The Force is with you

    By Sebastian Onate | From Page: A13 | Gallery

    .

    Sports

    Davis gets two baseball wins in two days

    By Spencer Ault | From Page: B1

     
    Grizzlies dominate young Blue Devils on Senior Night

    By Thomas Oide | From Page: B1 | Gallery

    Energy, fan-friendly happenings highlight UCD spring football game

    By Bruce Gallaudet | From Page: B1 | Gallery

     
    Blue Devil golfers capture CAL Invitational title

    By Enterprise staff | From Page: B1

    UCD roundup: Aggies reach water polo semifinals

    By Enterprise staff | From Page: B2

     
    Blue Devil swimmers are up to the challenge

    By Enterprise staff | From Page: B2 | Gallery

    Babich brings the heat as DHS girls stick it to Oak Ridge

    By Enterprise staff | From Page: B12 | Gallery

     
    DHS softball struggles continue against Sheldon

    By Enterprise staff | From Page: B12 | Gallery

    .

    Features

    .

    Arts

    History comes alive in ‘The Sacramento Picture’

    By Derrick Bang | From Page: A1 | Gallery

     
    .

    Business

    Big Italian food, sports bar to fill Little Prague

    By Wendy Weitzel | From Page: A7 | Gallery

     
    Yolo County real estate sales

    By Zoe Juanitas | From Page: A7

    Davis Roots hires new general manager

    By Special to The Enterprise | From Page: A8

     
    Comcast announces speed upgrade

    By Special to The Enterprise | From Page: A8

     
    .

    Obituaries

    Whitney Joy Engler

    By Special to The Enterprise | From Page: A6

     
    Valente Forrest Dolcini

    By Special to The Enterprise | From Page: A6

     
    .

    Comics

    Comics: Sunday, April 26, 2015

    By Creator | From Page: B8