Case details

Arrestee claimed detective used excessive force against him

SUMMARY

$1532000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
dental, face, fractured teeth, nose
FACTS
On July 8, 2016, plaintiff Gregory McNally, 23, a plumber, exited a trolley at the Fashion Valley Metropolitan Transit System transit center, in San Diego. While he was on the bridge connecting the stairs and the train platform, he was approached by a group of plainclothes detectives with the San Diego Police Department. The detectives had been gathered outside the station when an object — later identified as a cellphone charger — fell from the platform above and landed near them, making a loud noise. The detectives entered the station and found McNally. A detective ordered McNally to raise his hands and lower himself to the ground, but McNally did not immediately comply. Detective Daniel Riis then pepper-sprayed McNally in the face and slammed him to the ground. After McNally had been handcuffed, another individual admitted to throwing the phone charger. That individual was not charged, but McNally was arrested and charged with resisting arrest and public intoxication. The charges against McNally were ultimately not filed, as the city declined to prosecute McNally, who claimed that he suffered of his head and face during the arrest. McNally sued Riis. The lawsuit alleged that Riis’ actions constituted excessive force and false arrest in violation of McNally’s civil and constitutional rights. Defense counsel contended that when the detectives heard the charger hit the ground near them, they thought that they were being attacked, with one detective believing the loud noise was a gunshot. Thus, the defense asserted that the detectives feared for their lives and acted appropriately., McNally suffered of his face. He also claimed that he suffered fractures of his two front teeth. He requires dental treatment. McNally sought recovery of future medical costs, damages for past and future pain and suffering, and punitive damages.
COURT
United States District Court, Southern District, San Diego, CA

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