Case details

Officer claimed plaintiff resisted arrest in violation of Penal Code

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
chest, fracture, rib
FACTS
On Feb. 3, 2007, plaintiff Robert Woodard, an unemployed 52 year old, was walking to his home in East Palo when he was stopped by city of Menlo Park Police Officer Ron Venzon. Woodard was then pursued by Venzon until he was ultimately controlled and handcuffed. Venzon then issued Woodard a Notice to Appear in court for possession of drug paraphernalia and criminal charges were brought against him by the San Mateo County District Attorney, which included a charge for resisting arrest (California Penal Code §148(a)(1)) and for possession of drug paraphernalia (California Health and Safety Code §11364). On Jan. 17, 2008, Woodard pled nolo contendere to the charge of resisting arrest, and the possession charge was dismissed. Woodard subsequently filed this lawsuit against Venzon for excessive force. He also initially sued the city of Menlo Park, Mayor Andy Cohen, The Menlo Park Police Department and Police Chief Bruce Goitia. However, Woodard ultimately dismissed Cohen, Goitia and the police department after the defendants filed a motion for summary judgment. In addition, the city was dismissed by the court on the first day of trial. Thus, the matter continued against Venzon only. Woodard admitted to initially running from the officer, but claimed that after he turned and attempted to surrender, Venzon tackled him and then kicked and punched him in the ribs and face. Venzon denied any excessive force was used. He alleged that that as the plaintiff was running from him, he had to wrap Woodard up and take him to the ground after catching up with him. Venzon further alleged that there was no vicious tackle, as Woodard claimed, nor any kicking or punching., Woodard suffered five fractured ribs and a collapsed lung, requiring him to be hospitalized for three days following the incident. He was then treated at Stanford Hospital & Clinics for three days. Woodard stated that his ribs healed and did not require any surgery. Thus, he initially sought recovery of $300,000 in general damages and $25,206.45 in special damages for the medical expenses incurred. Plaintiff’s counsel also asked the jury to award $150,000 in compensatory damages and an unspecified amount in punitive damages.
COURT
United States District Court, Northern District, Oakland, CA

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