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Burnham Brown Attorneys Obtain Dismissal of Excessive Force Claim Against Oakland Police Captain

June 3, 2015

John J. Verber and Aimee Hamoy-Perera successfully obtained a dismissal on behalf of Oakland Police Captain Ersie Joyner in a Section 1983 alleged excessive force case.  The plaintiff/arrestee, DantJuan McElroy, claimed Captain Joyner used excessive force in arresting him for drug possession and possession of a firearm. 

While McElroy (a convicted felon and parolee) was running away from Captain Joyner, McElroy discarded a submachine gun in a residential neighborhood and threw a large bag of drugs at Captain Joyner.  The details of McElroy’s arrest and the Court’s agreement that the force used was well within reason is detailed in Judge Breyer’s Order below.   

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