Case details
Plaintiff’s arrest due to threats and prior complaints: officers
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On June 24, 2009, plaintiff Berry Adams, 50, an unemployed construction worker, was arrested by California State Park Rangers Daniel Kraft and Philip Hauck at Seacliff Beach in Santa Cruz County. During the arrest, Kraft used a compliance hold on Adams. Adams sued Kraft, Hauck and their supervisor, Kevin Best. He alleged that Kraft and Hauck’s actions constituted false arrest and excessive force. He also alleged that Kraft and Best retaliated against him in violation of his First Amendment rights in the form of the June 2009 arrest and other law enforcement activity. Adams claimed that Kraft and Best led a campaign of retaliation against him by issuing him a parking ticket, searching his fish bag, and arresting him because he complained about the Park Rangers and spoke about budget cuts on television. He also claimed that, even though he complied with the officers and was not resisting the arrest, Kraft used excessive force during the arrest by kicking him and applying the handcuffs too tightly. Kraft and Hauck claimed that they had probable cause for the arrest based on a statement of a victim who claimed that Adams threatened to beat him up while the two men were fishing on a pier at Seacliff Beach, as well as based on prior complaints against Adams and input from the District Attorney. They also claimed that all officer actions against Adams were for legitimate law enforcement reasons, and not because he exercised his First Amendment rights. Kraft and Hauck further claimed that at the time of the arrest, Adams was confrontational, non-cooperative and physically resistive. They alleged that as a result, Kraft used a compliance hold to control Adams. In addition, Kraft disputed ever kicking Adams’ hand, and claimed that Hauck loosened the handcuffs once Adams complained about them being too tight. The defense’s police practices expert testified that the use of force was reasonable., Adams claimed that he suffered a hand injury during his arrest and that he subsequently required treatment for it. He also claimed he suffered emotional distress from the incident. Thus, he asked the jury for $2,500 in economic damages for medical expenses to treat the hand injury and for bail. He also asked for $100,000 in damages for his emotional distress and an unspecified amount in punitive damages. Defense counsel contended that any alleged evidence of Adams’ medical treatment and damages were not admitted beyond the plaintiff’s own testimony. Thus, counsel argued that there was no evidence of any damages presented by the plaintiff.
COURT
United States District Court, Northern District, San Jose, CA
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