Case details
Officers’ actions appropriate for plaintiff resisting arrest: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
anxiety, cognition, depression, emotional distress, mental, psychological
FACTS
At around 4 p.m. on July 31, 2013, plaintiff Cindy Hahn, 41, a part-time office employee, was driving when she was stopped by a city police officer for a seat belt violation in the parking lot of Magee Park, in Carlsbad. Hahn was eventually placed under arrest for obstructing and impeding the officer in the performance of his duties, but broke away from the arresting officer and ran. As a result, the officer gave chase and called for cover. Thereafter, a back-up officer arrived and assisted in getting Hahn handcuffed and in custody. During the process, a third officer arrived, and conducted scene and crowd control. Hahn sued multiple police officers and their employer, the city of Carlsbad. Through partial summary judgment, the court dismissed Hahn’s claims against the city under Monell, and Hahn’s claims of false arrest and malicious prosecution. The court also dismissed Hahn’s claims against two other police officers,Officers Karches and Seapker, after it was determined that they had arrived on the scene after Hahn’s arrest and did not participate in any alleged constitutional deprivation. Thus, the matter went to trial against the three remaining defendants — Officer J. Knisley, Officer Kenyatte Valentine, and Corporal Galanos — on an excessive force claim under 42 U.S.C. § 1983, against two of those officers for battery, and against one of those officers for alleged violations of the California Bane Act. Plaintiff’s counsel argued that the officers used excessive force in the course of Hahn’s arrest. Defense counsel argued that prior to her arrest, Hahn disobeyed multiple instructions from one of the officers to stop walking up on him, and to either sit on the curb or sit in the car. Counsel also argued that after Hahn was placed under arrest, she resisted further., Hahn claimed that she suffers from emotional distress, anxiety, aggravated depression, and post-traumatic stress disorder as a result of the incident. She alleged that as a result, she continues to be unable to focus, have memory issues, and have other mental health symptoms. Thus, plaintiff’s counsel asked the jury to award Hahn more than $1.25 million against the three officers, Knisley, Valentine, and Galanos. Hahn’s husband and children initially brought their own claims, but were ultimately dismissed from the case early on for failure to comply with the mandatory claim presentation requirements of the Government Claims Act. Defense counsel contended that Hahn had a lengthy, pre-existing history of anxiety, depression, and related symptoms. Thus, counsel argued that Hahn’s alleged damages were not caused by the conduct alleged at trial.
COURT
United States District Court, Southern District, San Diego, CA
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INJURIES:
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- brain
- brain damage
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- cognition
- depression
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- extradural hematoma
- face
- facial bone
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- head
- headaches
- hearing
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- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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