Case details

Bicyclist stopped by police claimed he was beaten

SUMMARY

$30000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
contusion, laceration epidermis
FACTS
On June 30, 2019, plaintiff Jeffrey McElroy, a Black man, was bicycling on a sidewalk alongside Mission Street, near its intersection at 16th Street, in San Francisco. He was stopped by San Francisco police officers Sterling Hayes and Michael Marcic. The officers opened McElroy’s bag to look for identification after McElroy provided three different names and birth dates. McElroy then ran from the officers, who chased him on foot for two blocks. He eventually ran into a residential garage, where he picked up a metal folding chair and held it out in front of him. He claimed that he was punched and beaten by the officers. McElroy was arrested, but the charges were later dismissed. McElroy sued Hayes, Marcic and their employer, the city and county of San Francisco. The lawsuit alleged that the officers’ actions constituted violations of McElroy’s civil and constitutional rights to be free from the use of excessive force. McElroy’s counsel claimed that McElroy dropped the folding chair after the officers ordered him to and that McElroy did not have any weapons on him at that time. Counsel also contended that McElroy did not pose a threat and was complying with the officers when they used excessive force against McElroy by punching and beating him. Defense counsel contended that the officers found a loaded handgun and burglary tools inside McElroy’s bag at the time of the initial stop and that McElroy fled from the officers. Counsel also contended that once inside the garage, McElroy brandished the metal chair at the officers. Defense counsel asserted that the officers’ actions were appropriate., McElroy claimed that he suffered contusions and lacerations. While he was treated for his , he does not require any future medical care. McElroy sought recovery of past medical costs and damages for past and future pain and suffering.
COURT
United States District Court, Northern District, San Francisco, CA

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