Case details

Officers reasonable in detaining suspect, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On June 18, 2017, plaintiff Tatyana Hargrove, 19, was bicycling on Ming Avenue, in Bakersfield, when she was stopped by Bakersfield police officer Christopher Moore. When an altercation began, Senior Officer George Vazquez arrived at the scene to assist Moore. Hargrove was ultimately detained and arrested. She claimed that, during the incident, the officers injured her face and lower back, and caused her to be bitten by a police K-9. Hargrove sued Moore; Vazquez; and the officers’ employer, the city of Bakersfield. Hargrove alleged that the officers’ actions constituted excessive force in violation of her civil rights. She also alleged that she was falsely detained and arrested, and that the city was liable for the officers’ actions. Hargrove claimed that she was just riding her bicycle home when she was falsely detained and arrested by Moore and Vazquez. She also claimed that during the incident, an officer punched her in the face and threw her down, where she was bitten by the police dog. Defense counsel contended that, prior to the subject incident, there was a report of black male wearing a white shirt and carrying a pink backpack, who had pulled out a machete inside a business and threatened an employee. The suspect was reported to have fled eastbound on Ming Avenue, and entered an apartment complex east of the business. Moore responded to the area and observed a black individual wearing a white tee-shirt and carrying a red backpack near the entry to the apartment complex. Moore claimed that he attempted to make contact with the suspect, who turned out to be Hargrove, but that Hargrove immediately refused to cooperate. Moore and Vazquez claimed that when Vazquez arrived at the scene, Hargrove continued to refuse to comply with officer commands and ultimately got into a physical altercation with them. They claimed that it was only after they had Hargrove in custody that they learned that Hargrove was not the suspect that had attacked an employee with a machete. Defense counsel contended that the officers’ conduct was entirely reasonable, in that Hargrove matched the description of the suspect and was in the location where the suspect had fled. Counsel further contended that in light of Hargrove’s defiance and resistance, the officers had no choice but to use a reasonable amount of force to get Hargrove into custody for the protection of the public., Hargrove sustained dog bite wounds to her right thigh and ring finger. She also claimed she sustained a contusion to her face as a result of being punched and lower back as a result of being thrown to the ground. Hargrove claimed that she has ongoing problems to her right thigh as a result of the dog bite injury and that her condition is permanent. She also claimed she suffers from severe emotional distress as a result of the events. At the time of trial, Hargrove abandoned her claim for economic damages, and only sought recovery of general damages for her past and future pain and suffering.
COURT
United States District Court, Eastern District, Bakersfield, CA

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