Logourl black

Banks v. City of Emeryville

United States District Court for the Northern District of California
109 F.R.D. 535 (N.D. Cal. 1985)


Facts

On Halloween 1982, Mercedes Banks was arrested in Emeryville, California for public intoxication. She was brought to the Emeryville Police Department where she was placed in a holding cell. Later that night, the police station Banks was being held in caught fire and she burned to death inside. It was eventually determined that the fire originated in her mattress. Banks’ family (plaintiff) brought suit against the City of Emeryville (defendant) and the chief of the Emeryville Police Department (defendant), alleging under 42 U.S.C. § 1983 that the jail cell was inadequately furnished with dangerous material. The Banks family further contended that the police department inadequately supervised the jail, which lead to Banks’ death. The city argued that Banks’ death was a suicide. The defendants later filed a third party complaint against various parties who were responsible for manufacturing, distributing, and selling the mattress involved in Banks’ death. The defendants sought indemnification or contribution from these parties based on a theory that the mattress was a defective product. The third party defendant’s filed a motion to dismiss the third party complaint.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Williams, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 78,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 10,692 briefs - keyed to 140 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now