Case details

Plaintiff complying with orders when deputies used force: suit

SUMMARY

$50000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
infection, laceration, leg
FACTS
On March 6, 2018, plaintiff James Marun, a man with a history of mental illness, was living in a sober house, in Vista, when he began cutting himself with a kitchen knife in an alleged attempt to remove a tattoo. Multiple people, including a fellow resident, called 9-1-1 when they saw Marun cutting himself. As a result, emergency personnel responded to calls of a possible suicide attempt by a man armed with a knife. A Psychiatric Emergency Response Team responded to the scene to assist once Marun was under control. When deputies arrived on the scene, they saw Marun approaching them and ordered Marun to the ground. Marun claimed that he was beaten, kneed and shocked during the incident, as well as sustained to his leg form a police canine being used on him. Marun’s mother, Mary Marun, acting in behalf of her son, sued the deputies’ employer, San Diego County. The lawsuit alleged that the deputies’ actions constituted excessive force in violation of James Marun’s civil and constitutional rights. Plaintiff’s counsel contended that James Marun complied with the deputies’ orders to go to the ground, but that the deputies still beat, kneed and shocked him. Defense counsel asserted that Marun did not comply with the deputies’ orders. Counsel contended that the deputies used compliance techniques to handcuff Marun, which progressed from verbal commands, to closed fist strikes, to body weight pressure, to shocks with a Taser in drive-stun mode and, ultimately, to a canine bite on Marun’s calf., Marun sustained a bite mark and lacerations to his left leg, which became infected. He was taken by ambulance to a nearby hospital and placed on a psychiatric hold pursuant to California Welfare & Institutions Code § 5150. He remained at the hospital for more than two weeks. Marun sought recovery for his past and future pain and suffering.
COURT
United States District Court, Southern District, San Diego, CA

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