Case details

Defense disputed plaintiff’s claim of bailiff using excessive force

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On April 8, 2016, plaintiff Antonio Simonelli, 40, an attorney, was at the Monterey Courthouse when Deputy Andre Roberts, acting as a bailiff, allegedly grabbed his arm and escorted him out of a courtroom using physical force. Once in the hallway, Simonelli alleged Roberts struck him in the chest with a closed fist. Simonelli further alleged that on Oct. 21, 2016, Roberts placed a hand on his chest in court while admonishing him not to talk to the court reporter. Simonelli sued Roberts and Roberts’ employer, the county of Monterey. Simonelli alleged that Roberts’ actions constituted excessive force and disability discrimination in violation of 42 U.S.C. § 1983 and the Americans with Disabilities Act, and assault and battery under state law. He also alleged the county was liable for Roberts’ actions. Prior to trial, the court granted defense counsel’s motion for summary judgment regarding Simonelli’s disability discrimination claims, his § 1983 cause of action against the county, and all claims related to the alleged Oct. 21, 2016 incident. Although there were no experts for either side, two sheriff’s commanders addressed issues such as the duties and responsibilities of bailiffs, report writing and use of force policies. Defense counsel called eight percipient witnesses, including four local attorneys, Roberts, and the Superior Court judge who was presiding at the time of the alleged incident. They each contradicted Simonelli’s allegations regarding the use of excessive force in the courtroom., Simonelli admitted that he did not suffer any physical , require any medical treatment or lose any income as a result of the alleged incident. However, he claimed that he suffered from emotional distress as a result of Roberts’ actions. Simonelli also contended that he was prevented from returning to the courtroom because he was afraid that he would be harmed by Roberts or the other deputies if he did so. Plaintiff’s counsel asked the jury to award Simonelli “more than a million dollars in damages.”
COURT
United States District Court, Northern District, San Jose, CA

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