Case details

Man: Officers pepper sprayed and beat him without cause

SUMMARY

$43000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
arm, bruise, chest
FACTS
On Oct. 25, 2009, plaintiff Jimmy Williams, 50, a Latino warehouse worker, was in the parking lot of a Taco Bell, located at 35th Avenue and MacArthur Boulevard in Oakland, when he was approached by Oakland Police Officers Delmar Tompkins, Anthony Souza, Dometrius Fowler and Michael Arsanis between midnight and 1 a.m. He claimed he was then assaulted by the officers, resulting in lacerations and a hand injury. Williams sued Tompkins; Souza; Fowler; Arsanis; their supervisor, Police Chief Anthony Batts; and their employer, the city of Oakland. He alleged that the actions of Tompkins, Souza, Fowler and Arsanis constituted assault and battery, false arrest, false imprisonment and violations his 1983 civil rights. He also alleged that the officers’ actions constituted an intentional inflectional of emotional distress, and that the Batts and the city were vicariously liable for the officers’ actions. Williams claimed that he was pepper sprayed and beat with batons, both while he was standing and on the ground, and that the the officers did this without any cause. Plaintiff’s counsel noted that the charges against Williams were eventually dropped. Defense counsel contended that the officers responded to the scene after receiving reports of men brandishing knives. The officers claimed that when they arrived on the scene, Williams became combative and noncompliant. They further claimed that the scene to became chaotic as Williams refused to raise his hands and get down on the ground, and instead chose to walk toward them. Thus, the officers claimed that their use of force on the scene was reasonable and noted that a knife was recovered from Williams’ front pocket., Williams claimed he suffered a fractured right hand, and lacerations and bruising on his arms and shoulders. His hand fracture did not require surgery. Thus, Williams sought recovery for his pain and suffering.
COURT
United States District Court, Northern District, San Francisco, CA

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