Case details
Bicyclist claimed officer falsely arrested him
SUMMARY
$50000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In February 2018, plaintiff Charles Goodsell, 63, was about halfway through his 50-mile bicycle ride when he pedaled through a stop sign at Torrey Pines State Park, in La Jolla. After observing Goodsell ride through the stop sign, police officer Erik Pollock, who was sitting in his police cruiser, pulled in front of Goodsell to make him stop. Goodsell was detained and transported to a mental hospital. After 1.5 hours at the hospital, doctors cleared Goodsell of any psychological concerns. Goodsell was never charged, cited or fined for any wrongdoing. Goodsell sued Pollock and Pollock’s employer, the city of San Diego. Goodsell alleged that Pollock’s actions constituted excessive force and false arrest and that the city was liable for Pollock’s actions while in the course and scope of his employment. Goodsell claimed Pollock used excessive force during the arrest by throwing him on the hood of the patrol car and then throwing him into the back seat. Defense counsel asserted that Goodsell resisted arrest and exhibited signs that required him to be detained under California Welfare and Institutions Code § 5150, which authorizes a qualified officer or clinician to involuntarily confine a person suspected to have a mental disorder that makes them a danger to themselves, a danger to others, and/or gravely disabled. Counsel contended that Goodsell threw his bike down; said, “Shoot my a–;” and lay down on the ground without an instruction to do so and despite commands to get up. Defense counsel asserted that Goodsell’s actions seemed to be requisites for a “5150” evaluation., Goodsell claimed that he suffered from emotional distress as a result of the events, and sought recovery for his alleged emotional pain and suffering.
COURT
United States District Court, Southern District, San Diego, CA
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