Yang v. Hardin

37 F.3d 282 (1994)

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Nature of the Case

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Facts

Yang (P) was informed that his store may have been burglarized and when he arrived at the store with a brother and an employee, P found the police were already there. P suspected that one of the officers, Brown, had stolen some merchandise. An argument ensued with Brown eventually throwing the stolen shorts at P. P wanted to keep Brown at the scene and have a sergeant report the incident. Hardin (D), the other officer present, did not intervene when P held the driver's side door of the squad car to keep it open so Brown could not drive off. Brown drove away anyway with P handing onto the door with Brown driving recklessly in an attempt to throw P off the car. D sat in the passenger seat of the car while the incident proceeded. After two blocks, two other men attempted to stop the police car and eventually the car stopped, and P let go. Brown then punched P in the face and also knocked P's brother down as the brother arrived at the scene on foot. D then got out of the passenger seat, drew his gun, pointed it at the brothers, and yelled various obscenities. P and his brother froze as D and Brown drove off. The officers were eventually convicted of criminal assaults. Damages of $229,000 were awarded, but the district court concluded that D was not liable for violating 42 U.S.C. Section 1988 nor for the state common law claims; D's failure to intervene was not a violation of P's Due Process of Liberty Rights. P appealed.