Case details

Defense: Officers had probable cause in questioning passenger

SUMMARY

$50000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On June 20, 2017, plaintiff Caroline Hoese was a passenger in her friend’s vehicle as it was traveling on Carlton Avenue, in Menlo Park, when they were pulled over by police officer Joshua Venzon for allegedly speeding. Venzon allegedly knew that someone had a restraining order against Hoese’s friend, so he questioned them to find out if Hoese was the person who had filed the restraining order. While Venzon was questioning them, Sergeant Tim Brackett arrived at the scene. Ultimately, both Hoese and her friend were arrested, and they were taken to a police station by police officer Jeffrey Vasquez. Hoese sued Venzon; Brackett; Vasquez; and the officers’ employer, the city of Menlo Park. Hoese alleged that the defendants’ actions constituted violations of her civil and constitutional rights. Hoese claimed that after being questioned, Venzon pulled her friend out of the vehicle and slammed him against it. She also claimed that Venzon grabbed her wrist, dragged her across the grass, put his knee in her back and handcuffed her. In addition, Hoese claimed that Vasquez made sexual advances toward her on the way to the police station. Plaintiff’s counsel contended that Venzon and the other officers did not issue any warnings or commands prior to Hoese and Hoese’s friend being arrested and that the officers did not have probable cause to investigate a domestic violence restraining order. Defense counsel contended that Hoese’s friend was speeding and driving erratically, so the officers had probable cause to stop Hoese’s vehicle and question both Hoese and the driver. Counsel also contended that the officers acted appropriately and that no excessive force occurred. Defense counsel asserted that Hoese and her friend refused to exit their vehicle, so Venzon took Hoese’s friend out of the vehicle to handcuff him and that Venzon later grabbed and handcuffed Hoese after she ran at him. In addition, defense counsel noted that Vasquez’s interaction with Hoese was caught on camera and that Vasquez was professional and effectively communicated with Hoese in a friendly manner., Hoese claimed that she suffered from emotional distress as a result of the events. Hoese sought recovery of damages for her emotional pain and suffering.
COURT
United States District Court, Northern District, San Francisco, CA

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