The legal issues presented in this case will be displayed here.

This section contains the nature of the case and procedural background.

Yang (P) was informed that his store may have been burglarized and when he arrived at the store with a brother and an employee, P found the police were already there. P suspected that one of the officers, Brown, had stolen some merchandise. An argument ensued with Brown eventually throwing the stolen shorts at P. P wanted to keep Brown at the scene and have a sergeant report the incident. Hardin (D), the other officer present, did not intervene when P held the driver's side door of the squad car to keep it open so Brown could not drive off. Brown drove away anyway with P handing onto the door with Brown driving recklessly in an attempt to throw P off the car. D sat in the passenger seat of the car while the incident proceeded. After two blocks, two other men attempted to stop the police car and eventually the car stopped, and P let go. Brown then punched P in the face and also knocked P's brother down as the brother arrived at the scene on foot. D then got out of the passenger seat, drew his gun, pointed it at the brothers, and yelled various obscenities. P and his brother froze as D and Brown drove off. The officers were eventually convicted of criminal assaults. Damages of $229,000 were awarded, but the district court concluded that D was not liable for violating 42 U.S.C. Section 1988 nor for the state common law claims; D's failure to intervene was not a violation of P's Due Process of Liberty Rights. P appealed.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.