What is the test for excluding evidence of gross misconduct by a police sergeant in a civil case?

California, United States of America


The following excerpt is from People v. Guerra, B275889 (Cal. App. 2017):

Having said that, we do acknowledge there could be some risk defendant might be prejudiced by a ruling excluding the evidence for the reason she identifiesbecause the jury might misuse her mere refusal to comply with a law enforcement command to conclude she was a scofflaw deserving of punishment. But even assuming that risk existed, the trial court was right there was also a countervailing risk of prejudice if the evidence instead were admitted: the gross misconduct by the offending sergeant might inflame the jurors' passions and give them reason to find in defendant's favor for reasons that were not germane to the issues to be decided at trial. (See People v. Cowan (2010) 50 Cal.4th 401, 479 ["'Evidence is prejudicial within the

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