Case details

Plaintiff claimed he complied with orders, but officers beat him

SUMMARY

$3000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
blindness, detached retina, eye, impairment, one eye, sensory, speech, vision
FACTS
On Dec. 17, 2016, plaintiff Jayd Schroeder was driving home from work on Bloomington Avenue, in the city of Bloomington, when he made a left turn onto South Spruce Avenue and began to be followed by a vehicle containing two police officers with the city of Rialto Police Department, Nicholas Parcher and Steven Wright. When the officers caught up to Schroeder’s vehicle, they activated their lights and siren. Schroeder turned into a residential neighborhood and pulled into a driveway, which, unbeknownst to the officers, belonged to Schroeder. The officer and Schroeder each exited their vehicles, and the officers issued orders. Once near the sidewalk area, Parcher ordered Schroeder to his knees. Schroeder went to his knees and put his hands out to his sides. Wright ultimately struck Schroeder in the face, and Parcher used a baton on Schroeder’s left knee while Schroeder was on the ground. Schroeder claimed he sustained an injury to his right eye. Schroeder sued Parcher; Wright; the believed supervisors of Parcher and Wright, Chief Mark Kling, Captain Donny Mahoney and Sheriff John McMahon; and the believed employers of Parcher and Wright, the county of San Bernardino and the city of Rialto. Schroeder alleged that Parcher’s and Wright’s actions constituted an unreasonable search and seizure, and excessive force pursuant to 42 U.S.C. § 1983. Schroeder also alleged that the remaining defendants were liable for the officers’ actions. Two ophthalmologists, Dr. David Sierpina and Dr. Joseph Taung-Jow Fan, were added to the case, but they were dismissed early on. Kling, Mahoney, McMahon, the county and the city were also let out of the case, and the matter continued against Parcher and Wright only. Plaintiff’s counsel contended that Schroeder was unarmed, was not resisting the officers, was being compliant, and was on the ground when the offices decided to use force on him. Counsel contended that once Schroeder was forced to the ground, Wright, who is 6 feet, 5 inches tall and 260 pounds, climbed on top of Schroeder and punched Schroeder four to six times to the back, left side of his head, which caused Schroeder’s face to bounce off the ground from the impacts. Counsel also contended that immediately after Schroeder was punched, Parcher brandished a baton and landed two full-force blows to Schroeder’s left knee area while Schroeder was still on the ground. Thus, plaintiff’s counsel argued that the use of force against Schroeder was excessive and unreasonable. Defense counsel contended that Schroeder was under the influence of methamphetamine, had attempted to flee when the officers first started to pursue him, was noncompliant, and was violently resisting the officers. Counsel maintained that the officers began to follow Schroeder’s vehicle when Schroeder failed to signal for the left turn onto Spruce Avenue, but that Schroeder sped off so as to escape the officers. Counsel contended that when the officers caught up to Schroeder and activated their lights and siren, Schroeder turned several times in a residential neighborhood until eventually pulling into a driveway. Parcher and Wright claimed that they did not know if Schroeder had people waiting at the residence to harm them or help Schroeder escape, so when Schroeder stopped, they both exited their vehicle and drew their handguns. Parcher claimed that he told Schroeder to exit the vehicle and he repeatedly ordered Schroeder to put his hands up, but Schroeder was not complying. The officers claimed that after Schroeder exited his vehicle, they had to repeatedly tell him to keep his hands up because Schroeder’s hands kept falling to his waistband and because Schroeder turned around in order to figure out where the officers were standing. Parcher claimed that once Schroeder was near the sidewalk area, he ordered Schroeder to his knees, but that when they attempted to push Schroeder to the ground, Schroeder resisted and put his hands down. The officers claimed that as a result, they pushed Schroeder to a chest-down position, but that Schroeder was able to roll over on top of Wright, who was eventually able to regain the top position. The officers claimed that they then struck Schroeder and brandished a baton in an attempt to get Schroeder to stop resisting and gain control of the situation. Defense counsel noted that Schroeder pleaded guilty in the criminal case related to the subject incident., Schroeder claimed he sustained an injury to his right eye and requested medical treatment on the day of the incident. He was found to have a vitreous hemorrhage and, approximately 35 days after the incident, he was discovered that he had a retinal detachment. After approximately one year of attempting to schedule doctors’ visits in order to be cleared for surgery, Schroeder lost vision in his right eye. By that time, it was too late to save his vision, and Schroeder never underwent the eye surgery. Schroeder claimed he lost vision in one eye as a result of the detached retina from the incident. Defense counsel argued that the detached retina was a pre-existing injury and that the punches to the left side of Schroeder’s head and face could not have caused an injury to his right eye. Counsel also argued that Schroeder did not prove any medical costs. In addition, defense counsel argued that even if the force used against Schroeder caused his initial eye injury, Schroeder’s subsequent could have been avoided if it had not been for Schroeder’s own failure to seek medical attention.
COURT
United States District Court, Central District, Los Angeles, CA

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