“[T]he allegation that the officers ‘beat the crap out of’ plaintiff was [not] too vague and conclusory to support a legally cognizable claim. The panel held that plaintiff’s use of a colloquial, shorthand phrase made plain that he was alleging that the officers’ use of force was unreasonably excessive; this conclusion was reinforced by his allegations about the resulting injuries.” Plaintiff’s allegations about the force of his arrest didn’t invoke the Heck v. Humphrey bar. Byrd v. Phoenix Police Dep’t, 2018 U.S. App. LEXIS 6575 (9th Cir. Mar. 16, 2018).
The trial court’s findings of consent and findings of fact are entitled to deference. The appellate court isn’t obliged to consider the alternative to what the trial court found when the evidence supports the trial court’s findings. United States v. Ebrom, 2018 U.S. App. LEXIS 6653 (5th Cir. Mar. 16, 2018).*