Thursday, April 24, 2014
YOLO COUNTY NEWS
99 CENTS

Student wins right to sue

By
July 9, 2009 | Leave Comment

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 lkeene@davisenterprise.net or (530) 747-8048. Comment on this story at www.davisenterprise.com

LEAVE A COMMENT

Discussion | No comments

The Davis Enterprise does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

News

 
4-H members prepare for Spring Show

By Anne Ternus-Bellamy | From Page: A1

Food insecurity remains an issue for many county residents

By Anne Ternus-Bellamy | From Page: A1

 
 
Youth sports in focus on radio program

By Enterprise staff | From Page: A4

 
Rummage sale will benefit preschool

By Enterprise staff | From Page: A4

Concert benefits South Korea exchange

By Enterprise staff | From Page: A4

 
Conference puts focus on Arab studies

By Enterprise staff | From Page: A4

Water rate assistance bill advances

By Enterprise staff | From Page: A5

 
Program explores STEM careers for girls

By Enterprise staff | From Page: A5

Embroiderers plan a hands-on project

By Enterprise staff | From Page: A5

 
Central Park Gardens to host Volunteer Orientation Day

By Enterprise staff | From Page: A5 | Gallery

Volkssporting Club plans North Davis walks

By Enterprise staff | From Page: A5

 
Hotel/conference center info meeting set

By Enterprise staff | From Page: A5

Davis honors ‘green’ citizens

By Enterprise staff | From Page: A5

 
Cycle de Mayo benefits Center for Families

By Anne Ternus-Bellamy | From Page: A8

Author to read ‘The Cat Who Chose to Dream’

By Anne Ternus-Bellamy | From Page: A12

 
.

Forum

High-five to Union Bank

By Letters to the Editor | From Page: A6

 
Broken sprinklers waste water

By Letters to the Editor | From Page: A6

Three more administrators?

By Letters to the Editor | From Page: A6

 
Neustadt has experience for the job

By Letters to the Editor | From Page: A6

Here’s a plan to save big on employee costs

By Special to The Enterprise | From Page: A6

 
Davis is fair, thoughtful

By Letters to the Editor | From Page: A6

Ortiz is the right choice for Yolo

By Letters to the Editor | From Page: A6

 
Tom Meyer cartoon

By Debbie Davis | From Page: A6

The high cost of employment

By Letters to the Editor | From Page: A6

 
.

Sports

DHS tracksters sweep another DVC meet

By Enterprise staff | From Page: B1 | Gallery

 
Another DVC blowout for DHS girls soccer

By Evan Ream | From Page: B1 | Gallery

Young reinvents his game to help Aggies improve on the diamond

By Bruce Gallaudet | From Page: B1 | Gallery

 
DHS boys shuffle the deck to beat Cards

By Thomas Oide | From Page: B1 | Gallery

DHS/Franklin II is a close loss for Devil softballers

By Enterprise staff | From Page: B1

 
Baseball roundup: Giants slam Rockies in the 11th

By The Associated Press | From Page: B2

 
UCD roundup: Aggies lose a softball game at Pacific

By Enterprise staff | From Page: B3

Jahn jumps to Sacramento Republic FC

By Evan Ream | From Page: B8

 
.

Features

.

Arts

Congressional art competition open to high school students

By Enterprise staff | From Page: A11

 
Emerson, Da Vinci to present ‘Once Upon a Mattress’

By Enterprise staff | From Page: A11

 
Winters Plein Air Festival begins Friday

By Enterprise staff | From Page: A11

 
Bach Soloists wrap up season on April 28

By Jeff Hudson | From Page: A11

 
.

Business

.

Obituaries

.

Comics

Comics: Thursday, April 24, 2014

By Creator | From Page: B6