In a 42 U.S.C. section 1983 action based on allegedly excessive force by police, summary judgment for Defendants is reversed where the "sham affidavit" rule does not preclude the introduction of testimony from other witnesses that is arguably inconsistent with a plaintiff's deposition testimony.
Argued and Submitted March 13, 2009
Filed July 7, 2009
Opinion by Judge Thomas
Adanté D. Pointer, Law Offices of John L. Burris, Oakland, CA
J. Scott Smith, Angelo, Kilday & Kilduff, Sacramento, CA