Case details
Plaintiff claimed jail officers used excessive force against him
SUMMARY
$130708
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
clavicle, emotional distress, fracture, mental, psychological, shoulder
FACTS
On June 2, 2017, plaintiff Joshua Strode, 37, was arrested by San Diego State University police officer Carrie Hogan for alleged public intoxication. Strode was taken to the San Diego Central Jail. Subsequent events were captured on the jail’s cameras, which showed one of the sheriff’s deputies grab Strode, who was handcuffed, and throw him. The sheriff’s deputy then slammed Strode’s head and neck into a wall before at least six more deputies entered the hallway to assist in restraining Strode. The deputies then punched and kneed Strode as well as shocked him with a Taser while attempting to restrain him. The deputies then carried Strode off on a gurney to see two nurses at the jail. Strode was charged with battery on an officer and resisting an officer, but all of the criminal charges were later dismissed. Strode claimed to his shoulder as a result of the incident. Strode sued Hogan; deputies Nicolai Ramos, William Kearney II, Tanner Sherman, Broussard, S. De La Torre, Morgan and Stevens; sergeants Michael Lawson and Douthitt; Sheriff’s Nurses Cuaresma and Cabacungan; and the individuals’ employer, the county of San Diego. Strode alleged that the individual defendants used excessive force against him and were deliberately indifferent to his serious medical needs. Plaintiff’s counsel contended that Hogan failed to notify the jail staff that Strode had a fractured clavicle from prior unrelated events. Counsel also contended that the individual deputies’ actions constituted excessive force and arose from an unconstitutional policy or custom, making the county liable for their actions. Counsel further contended that the county was deliberately indifferent to its inadequate training, supervision and discipline of its law-enforcement personnel. Defense counsel contended that Hogan notified the jail staff about Strode’s prior, unrelated clavicle fracture. Counsel also contended that when a deputy grabbed Strode’s right arm, the deputy encountered resistance, which caused the deputy to immediately take hold of Strode with both hands and take him to the ground. Counsel asserted that once on the ground, at least six more deputies had to assist in restraining and subduing Strode, as Strode failed to comply with commands and was combative. Defense counsel further asserted that the deputies acted appropriately in their attempt to control a potentially dangerous situation., Strode claimed the incident exacerbated his prior shoulder injury. He also claimed he suffers from emotional distress. Strode sought recovery of damages for his physical pain, mental suffering, and emotional distress.
COURT
United States District Court, Southern District, San Diego, 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
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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