Case details
Officers claimed appropriate force used against combative student
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back, emotional distress, fractured vertebrae, neck, shoulder, wrist
FACTS
In August 2010, plaintiff Idalia Morgutia-Johnson, 15, a sophomore in high school, was sitting with her brother and some friends in a booth at Big Mama’s restaurant, in Fresno, when Sergeant Larry Hustedde confronted Idalia and told her she had been in the restaurant too long without ordering. The owners of the restaurant, now closed, previously asked the Fresno police for help because large numbers of Hoover High School students would crowd the restaurant after school, but few would purchase anything. They told the police that the students would cause disturbances in the restaurant and surrounding residential neighborhood. When Hustedde, who was a school resource office supervisor at the time, confronted Idalia, the teenager showed Hustedde a receipt and attempted to explain that she had ordered food. However, the situation escalated, and the crowd of students at the restaurant became volatile and began yelling at the officers. After the incident escalated, Hustedde and Officer Jeffrey Kaiser removed Idalia from the booth and took her out of the restaurant. Idalia claimed that due to the force used by the officers, she suffered to her wrist, shoulder, neck, and back. Idalia sued Hustedde; Kaiser; the officers’ supervisor, Chief Jerry Dyer; and the officers’ employer, the city of Fresno. Idalia alleged that the defendants used excessive force and unlawfully arrested her in violation of her constitutional rights. The matter continued to trial against Hustedde and Kaiser only. Idalia claimed that during the course of the incident, Hustedde and Kaiser used excessive force on her, including Hustedde yanking her out of the booth and forcing her arm behind her back while taking her out of the restaurant. She also claimed that Hustedde pushed her into the restaurant’s front door in order to open it, slammed her into the police car trunk, and then pulled her up by her ponytail. In addition, Idalia claimed that Kaiser choked her until she was unconscious and that she never resisted the officers at any point during the incident. Defense counsel contended that Idalia was combative and resisted both Hustedde and Kaiser. Counsel also contended that Idalia failed to follow the officers’ orders and noted that no credible witnesses testified for Idalia’s version of the events. Thus, defense counsel argued that the force used was reasonable., Idalia claimed she suffered to her neck, back, a wrist, and a shoulder. She further claimed she suffered long-term , including a fractured vertebrae and emotional distress. Defense counsel contended that a photo of Idalia, taken shortly after the incident, showed no that would support her version of the events.
COURT
United States District Court, Eastern District, Fresno, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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