Case details

Plaintiff claimed officers used excessive force against him

SUMMARY

$125000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
chest, face, fracture, nose, rib
FACTS
In October 2011, plaintiff Tony Denunzio, 53, a contractor, was being arrested by Santa Barbara Police Officer Aaron Tudor on suspicion of driving under the influence. Denunzio claimed that Tudor shocked him 13 times with a Taser and inflicted bodily harm on him. The incident was caught on police video. Denunzio also claimed that SBPD officers Cody Cardana and Bruno Peterson arrived at the scene as backup and witnessed the incident with Tudor, but then also assaulted him. He further claimed that after he was taken to the county jail, Lessor Michaels, a phlebotomist, violated his civil rights by drawing his blood. The District Attorney later dropped the resisting arrest charge. Denunzio’s counsel in the DUI prosecution succeeded in having the blood results excluded, and hung the jury. The court then granted Denunzio’s counsel’s motion for a directed acquittal on one of the two DUI accusations. On the eve of the retrial, the District Attorney dropped the other DUI accusation. Denunzio sued police officers Tudor, Peterson, Cardana, and John Nelson; the phlebotomist, Michaels; the officers’ supervisor, Police Chief Cam Sanchez; and the officers’ employer, the city of Santa Barbara. Denunzio alleged that the officers’ actions constituted false arrest, malicious prosecution, and excessive force. He also alleged that the police chief and the city were negligent in the supervision and retention of Tudor and that Michaels conspired with Tudor in violation his rights against medically unreasonable forced blood draws. Plaintiff’s counsel contended that Tudor received a phone call from a friend inside a bar, where Denunzio had just entered and where Tudor’s friend had encountered Denunzio a week earlier. A verbal dispute arose, and Denunzio turned around and left. Counsel contended that Tudor was nearby and watched Denunzio leave the bar before following Denunzio’s pickup truck for more than a mile. Tudor eventually turned on his lights as Denunzio was turning into a shopping center parking lot. Plaintiff’s counsel asserted that Tudor turned on his lights without Denunzio driving irregularly or having committed any vehicle code violations, and that this was confirmed by Tudor’s patrol car video. Counsel contended that when Denunzio stepped out of his vehicle, Tudor ordered him to the ground. Counsel also contended that when Denunzio questioned Tudor’s order, Tudor maliciously shocked Denunzio with a Taser and then punched, kneed and battered him. Plaintiff’s counsel further asserted that Police Chief Sanchez and the city knew that Tudor was a violent and dishonest loose-cannon, but that they refused to discipline or terminate him. Plaintiff’s counsel contended that as the incident with Tudor and Denunzio was happening, shoppers and employees of the nearby grocery store called 911 to report a police officer beating a man for no apparent reason. As a result, Cardana and Peterson arrived at the scene. However, counsel asserted that when Cardana and Peterson witnessed the scene, rather than controlling Tudor, the officers also began to strike, punch and knee Denunzio, to the horror of the witnesses. Plaintiff’s counsel further asserted that when the civilians approached Cardana and Peterson to complain, they made matters worse, not better, in that the civilians were threatened by the officers, as well as by other on-scene SBPD officers who immediately began “circling wagons” around Tudor, Cardana, and Peterson. In addition, counsel asserted that Denunzio was handcuffed and swiftly jailed for undisclosed reasons. Plaintiff’s counsel contended that Tudor eventually charged Denunzio with driving under the influence and resisting arrest, but that after the civilian witnesses went to the press with their complaints about the officers’ behavior, the District Attorney dropped the resisting arrest charge because, under California law, Denunzio was permitted to have Tudor’s alleged victims of brutality and false accusations testify in defense of the charge. According to plaintiff’s counsel, Denunzio was supposed to be taken from the scene to a hospital, as officers called an ambulance to the scene, but that the officers called it off and Denunzio was, instead, taken to the county jail. Counsel contended that once at jail, Michaels watched as Tudor and Nelson threw Denunzio to a filthy floor before Michaels stabbed Denunzio with a needle, rejecting Denunzio’s pleas to be taken to a hospital where there was certain to be more clean surroundings. Defense counsel asserted that Denunzio resisted arrest and attempted to evade the officers when he got out of his car. Counsel also asserted that Denunzio then started resisting arrest and that the force used against him was necessary in order to subdue him., Denunzio claimed that he was shocked 13 times with a Taser and that the officers punched, kneed and battered him. He also claimed that instead of being taken to a hospital, he was first taken to the county jail, where he was thrown to the ground and had his blood forcibly drawn. Thus, Denunzio alleged that he sustained a fractured nose and a fractured rib, along with contusions everywhere, as a result of the incidents. After his blood was taken at the jail, he was brought to a hospital for treatment of his alleged . Denunzio did not claim any residual .
COURT
United States District Court, Central District, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case