Peavy v. Cal. Victim Compensation etc. CA4/1
On October 7, 2018, Peavy’s girlfriend, Diane N., caught him driving with another woman. She followed Peavy’s car until he parked in front of a police station. Exiting her car she yelled, “[H]e fucking over me! Every time I turn around he’s with a different woman!” She shoved and grabbed Peavy’s left shoulder. A police officer witnessed the melee and arrested Diane for domestic battery. According to the police report, Peavy had “no visible or reported injuries” and he declined to press charges.
B. Summary of Peavy’s Medical Treatment
Three days later on October 10, Peavy sought medical attention at a hospital emergency room—but not for a left shoulder injury from a battery. Rather, he complained of right shoulder pain from being tased earlier that day. Based on a “clinical history” of “electrical injury to his right shoulder,” a physician excused him from work for seven days.
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