not free to go, but is not ‘in custody’ for Miranda purposes. A traffic stop is not custody.”). The period of detention following the collision was also reasonable and justified under California law. See Cal. Veh.Code § 20001(a) (“The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.”). Plaintiffs’ Fourteenth Amendment claims also fail because the record before us, including the police videotapes, does not evidence a constitutional violation. A reasonable jury could not find anything beyond mere negligence on this record. See Lewis, 523 U.S. at 848-851, 118 S.Ct. 1708 (<HOLDING>); see also Scott v. Harris, — U.S. —, 127 S.Ct.
holding that a negligence claim against an insured and a bad faith claim against the insurer are not separate as the first must be proved to prevail on the second holding petitioner must show prejudice to prevail on due process claim holding that a party must introduce something going beyond mere negligence to prevail on a fourteenth amendment claim holding that defendants mere allegations of ineffective assistance were insufficient to prevail on such a claim holding petitioner must demonstrate error and substantial prejudice to prevail on a due process claim