with assaulting prisoner Mondez Denmon while attempting to subdue him when
he allegedly became threatening and assaultive while in custody. A grand
jury indicted Fuher and another jail guard and the trial court granted
motions to set aside the indictments. The People appealed but subsequently
dismissed such appeal against the other guard.
The appellate court held that the record contained probable cause that
Fuher assaulted and beat Denmon when he stomped on his back, while he was
acting under color of authority. The Court further held that even though
Denmon initiated the aggressive conduct, Fuher used excessive force out of
anger and retaliation. The trial court erred in setting aside Fuher's
indictment. See: People v. Fuher., Case No. C046956, 2005 WL 1560463
(Cal.App. 3 Dist., 2005) (Not Reported in Cal.Rptr.3d).
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Related legal case
People v. Fuher
|Case No. C046956, 2005 WL 1560463 (Cal.App. 3 Dist
|State Court of Appeals