Is a police officer who stops and frisked a plaintiff a civil rights violation?

MultiRegion, United States of America

The following excerpt is from Barnes v. Yand, Case No. 1:20-cv-00389-DAD-SAB (E.D. Cal. 2020):

Plaintiff claims that by stopping him and frisking him, Officer Yand violated the Seventh Amendment. The Seventh Amendment guarantees the right to a jury trial where the suit is brought to ascertain and determine legal rights rather than equitable rights alone. Teutscher v. Woodson, 835 F.3d 936, 943 (9th Cir. 2016). The Seventh Amendment is violated where an individual fails to receive or is deprived for a significant amount of time the right to a civil jury trial that he would otherwise have received. Armster v. U.S. Dist. Court for the Cent. Dist. of California, 792 F.2d 1423, 1430 (9th Cir. 1986).

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