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The Case Of Bryan-Vs-Mcpherson

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In 2005, in Camarillo, California, a young by the name Carl Bryan stayed at his cousin’s house overnight. Bryan’s cousin’s girlfriend accidentally had taken Bryan vehicle keys to Los Angeles, California. Bryan and his cousin wake up early the next day to travel to Los Angeles, CA to pick up his keys. Bryan and his cousin returned to Camarillo to retrieve his vehicle and brother. The California Highway Patrol stopped Bryan for speeding and issued a traffic citation. Bryan began crying and moping about receiving a traffic ticket; therefore, Bryan removed his T-shirt to clean his face. Bryan was so frustrated with himself that he forgot to register his seatbelt and put his T-shirt back on. Bryan was stopped a second time for no seatbelt by Officer Brain McPherson. Bryan became more frustrated with himself. (Bryan-Vs-McPherson, 2009) Officer McPherson approached the passenger side of Bryan’s vehicle. Bryan …show more content…

(Bryan-Vs-McPherson, 2009) In the lawsuit, Bryan claimed his Fourth Amendment violated, assault, and battery, and intentional infliction of emotional distress, a violation of California Civil Code 52.1, as well as failure to train and related causes of action. (Bryan-Vs-McPherson, 2009) Officer McPherson filed an appeal, but the judge denied his motion for summary judgment based on qualified immunity. (Bryan-Vs-McPherson, 2009) The case Bryan-Vs-McPherson and Coronado Police Department went to trial. Officer McPherson advise the court, “He was standing twenty-five feet from Bryan and told Bryan to stay inside the vehicle.” Officer McPherson also stated, “Bryan did not threaten him verbally, but took a step towards him.” Bryan advised the court that, “He did not hear Officer McPherson tell him to stay inside the vehicle.” Bryan stated, “He did not move towards Officer McPherson.” Bryan said, “He was only hitting at his

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