Case details
Plaintiff claimed officers unnecessarily struck him
SUMMARY
$125000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
brain, internal bleeding chest
FACTS
On June 5, 2018, plaintiff Juan Ortiz, was pulled over by police officers from the San Francisco Sheriff’s Department after the officers received reports that Ortiz had threatened two individuals with a gun. Ortiz was transported to the San Francisco County Jail, where, as a new inmate, he had to comply with a strip search. Officer Kevin Conway directed Ortiz into a dress-in cell to conduct the strip search. He instructed Ortiz to remove his clothing and put the clothing into the plastic bag provided. Ortiz claimed that when he removed his shirt, he was battered by Ortiz and several other officers. He claimed that he suffered of his head and body. Ortiz was released from jail the following day. Ortiz sued Conway; officers Bernard Artificio, Sam Park, Brenda Sosa and Michael Vigil; and the officers’ employer, the city and county of San Francisco. Ortiz alleged that the officers’ actions constituted violations of his civil and constitutional rights to be free from excessive force. Ortiz claimed that after he took off his shirt and tossed it at Conway’s feet, Conway grabbed him and slammed his head into a wall in the dress-in cell and that other officers who came to assist threw him over a bench. Ortiz alleged that after he was handcuffed, shackled and taken to a safety cell down the hallway, the officers threw him over a concrete slab. He claimed that Conway then put his knee on his back and beat him in the ribs and that a female deputy outside of the safety cell door was laughing as the other officers beat him. He further claimed that no one provided him with his blood pressure medication despite his repeated requests while he remained in the safety cell overnight. Defense counsel contended that Ortiz was agitated and frustrated and that Conway perceived Ortiz throwing his shirt at him as a threat. Counsel asserted that since Ortiz was taking an aggressive stance and throwing his clothing at a deputy, the officers restrained Ortiz and placed him in a safety cell. Counsel further asserted that a nurse went to attend to Ortiz in the dress-in cell after he was restrained and that medical logs showed that there were medical staff visits to Ortiz while he remained in the safety cell overnight., Ortiz sustained contusions to his head and chest. One day after he was released on bail, Ortiz presented to a hospital, where he was diagnosed with a brain bleed. Ortiz sought recovery of damages for his past and future pain and suffering.
COURT
United States District Court, Northern District, Oakland, 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
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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