Case details
Officers used excessive force during incident: plaintiffs
SUMMARY
$175000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
arm, emotional distress, fracture, leg, mental, psychological, tibia
FACTS
On Dec. 8, 2015, plaintiff Joseph Ledesma and his wife, plaintiff Jeannie Ledesma, were contacted by city of Vallejo police officers Robert DeMarco and Amanda Blain, who were responding to a domestic violence call. Mr. Ledesma was in his truck, attempting to tow a trailer away from the couple’s home, when the officers arrived. DeMarco approached Mr. Ledesma, while Blain spoke with Ms. Ledesma. When Mr. Ledesma failed to get out of the truck in a timely manner, DeMarco pointed his weapon and ordered him out of the vehicle. At the same moment, the Ledesmas’ pit bull ran through an open gate. DeMarco shot the dog once with his stun gun while Mr. Ledesma got out of the truck and walked across the yard. Mr. Ledesma claimed that he was then struck several times, causing to his arms and a leg, and shocked with a Taser. Ms. Ledesma claimed that she witnessed the incident. The Ledesmas sued DeMarco; Blain; and the officers’ employer, the city of Vallejo. The Ledesmas alleged that the officers’ actions constituted excessive force in violation of their civil rights. Mr. Ledesma claimed that DeMarco struck him 20 to 30 times, before her curled up in a fetal position. He also claimed that DeMarco beat him with his ASP expandable baton so many times that the metal device bent, preventing it from retracting. Neither DeMarco nor Blain activated their body cameras during the incident. As a result, the court denied defense counsel’s motion for summary judgment. DeMarco testified that when the dog came out, Mr. Ledesma got out of the truck and took a “fighting posture.” He claimed that as a result, he feared for his safety. DeMarco also claimed that he struck Mr. Ledesma a few times with the baton to subdue him. Blain claimed she came over to Mr. Ledesma to deploy her Taser after seeing Mr. Ledesma try to kick DeMarco. She alleged that when the Taser strike failed, she followed up with additional shots in stun mode. In response, the Ledesmas claimed that their dog was wagging its tail and acting friendly before it was shocked with a Taser. Mr. Ledesma also denied fighting back, and he claimed he only ran over to remove the Taser barbs from the dog., Mr. Ledesma sustained multiple fractures to both of his arms and a fracture of a leg’s tibia. He sought recovery of damages for his past and future pain and suffering. Ms. Ledesma claimed she suffered emotional distress as a result of the events. She sought recovery of damages for her emotional pain and suffering.
COURT
United States District Court, Eastern District, Sacramento, CA
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