Case details
Officers denied allegations of leaving plaintiff in hot car
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
anxiety, back, lower back, mental, psychological, wrist
FACTS
On the afternoon of July 13, 2006, plaintiff Steve Kassab, 43, a general manager of a liquor store and smoke shop, was arrested for illegal sales of drug paraphernalia at his place of business on Market Street in San Diego. Kassab claimed that after being placed under arrest, he was left to sit in the backseat of a very hot police car for four hours with the windows rolled up and no air conditioning. The facts of the incident were disputed by the arresting police officers, Ruben Hernandez and Steven Skinner. Kassab claimed physical and emotional as a result of the incident. Kassab sued Hernandez; Skinner; and the officers’ employer, the San Diego Police Department. Kassab also sued the city of San Diego, the City Attorney’s Office, and several other officers, sergeants, lieutenants and detectives. Kassab alleged that the defendants’ actions constituted false arrest, false imprisonment, assault, threat of intimidation/retaliation, intentional infliction of emotional distress, excessive force, battery, and abuse of authority. Defense counsel’s motion for summary judgment was granted on all causes of action on Sept. 22, 2009. Kassab subsequently appealed the decision, and the Ninth Circuit affirmed the dismissal of all causes of action except for Kassab’s claim of excessive force against officers Hernandez and Skinner during the July 13, 2006 arrest. Thus, all defendants other than Hernandez and Skinner were dismissed from the case, and the matter proceeded to trial on the remaining cause of action. Kassab, acting in pro per, argued that Hernandez and Skinner used excessive force by keeping him in the backseat of their police cruiser with the windows rolled up and no air conditioning on during a hot summer day. He claimed the experience caused him to pass out inside the vehicle, and sustain further physical and emotional . Hernandez and Skinner disputed Kassab’s allegations, claiming that after the arrest, they both sat in the car with Kassab for roughly 15 to 20 minutes while the air conditioning was on full blast. Skinner claimed he then left the car to assist in the search of the smoke shop while Hernandez remained in the vehicle with Kassab until he returned roughly 30 minutes later. Hernandez and Skinner claimed that when Skinner returned to the vehicle, they moved Kassab to a chair in the shade because the car felt cramped to Hernandez. They further claimed that while sitting in the chair, Kassab was permitted to speak with his father and uncle, who had arrived at the scene, as well as with his mother, who was on the phone. In addition, they claimed that Kassab never complained about being hot or thirsty and that all witnesses, including Kassab’s uncle, denied that Kassab passed out while sitting in the car., Kassab claimed he suffered heat-related illnesses, including heat stroke and exhaustion, as well as suffered pain in lower back and both wrists as a result of being handcuffed in the car. He also claimed that following the incident, he suffered from sleep apnea, hypertension, anxiety, and post-traumatic stress disorder. Kassab did not report any to the nurse at the jail while he was being processed. He also did not seek any treatment the following day, when he was bailed out of jail. Instead, Kassab first sought treatment of his alleged and complaints in 2014, nearly eight years after the alleged incident. Kassab sought recovery of an unspecified amount of general damages, asking the jury to punish the defendants for their actions. Defense counsel contended that Officers Hernandez and Skinner followed appropriate police procedures, handled Kassab with care (including the use of two handcuffs to decrease the possibility of his discomfort), and did not use any force, let alone excessive force. Thus, counsel argued that if Kassab had any of the symptoms and complaints he alleged, Kassab would have reported them to the intake nurse and/or sought treatment when he was bailed out of jail. The defense’s medical expert testified that Kassab’s booking photograph was inconsistent with the heat-related Kassab asserted. The expert also testified that, based on known issues with decompensation in persons with PTSD, Kassab would have had to require treatment for PTSD in the eight years since his arrest. In closing argument, defense counsel argued that Kassab was a vexatious litigant that routinely filed lawsuits against the city and its police officers. Thus, counsel urged the jury to send Kassab a message by awarding zero damages.
COURT
United States District Court, Southern District, San Diego, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
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
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury