Case details

Plaintiff: Deputies threw unarmed man to ground

SUMMARY

$250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Dec. 20, 2016, plaintiff Thomas deLeon III, a man in his 50s, was bicycling on Rollins Way, in Vista, when he was stopped by deputies Kyle Klein, Jared Muli and Elias Ventura. After handing the deputies his identification, deLeon was thrown to the ground by the deputies and forced face down with his hand behind his back in the handcuffing position. DeLeon was repeatedly punched and kicked in his head, face, neck and spine. He was also kneed in his body, face, neck and spinal area. DeLeon’s parents, Thomas deLeon II and Sally deLeon, acting as conservators of their son’s estate, sued Klein; Muli; Ventura; the deputies’ supervisors, Sheriff William Gore and Deputy Mayor John Franklin; and the deputies’ employers, the city of Vista and the county of San Diego. The lawsuit alleged that the deputies’ actions constituted assault and battery, and excessive force in violation of Thomas deLeon III’s civil and constitutional rights. The lawsuit alleged that Gore, Franklin, the city and the county were liable for the deputies’ actions. Plaintiff’s counsel contended that the Thomas deLeon III was unarmed and not fighting with the deputies when the deputies threw deLeon to the ground, which resulted in deLeon striking his head on concrete. Counsel also contended that while deLeon offered no resistance to the actions of the deputies, was motionless, and remained on the ground, handcuffed and in a prone position, the deputies continued to beat him. Plaintiff’s counsel noted that after the incident, deLeon was transported to a hospital for treatment of his and that deLeon was never charged with a crime. Defense counsel asserted that the deputies believed that deLeon was being aggressive., DeLeon sustained multiple abrasions and contusions. He was transported to Tri-City Medical Center, in Oceanside, where he was treated for his . While deLeon’s physical resolved, his parents claimed that their son suffered emotional distress as a result of the incidents. They alleged that as a result, deLeon is afraid to leave the house. DeLeon sought recovery of damages for his emotional pain and suffering.
COURT
United States District Court, Southern District, San Diego, CA

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