Case details
Police officer claimed plaintiff was the aggressor during incident
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
closed head injury, face, facial laceration, head, neurological, neurological impairment, nose
FACTS
On July 21, 2012, plaintiff Alan Glover, a retired man in his 60s, contacted the city of Alameda police to report a vehicle alarm that had been going off continuously for a few hours. Officer Michael Ortega subsequently arrived at the scene, but Glover criticized him for his alleged delay in handling the vehicle alarm. As a result, an alleged altercation occurred, and Ortega took Glover to the ground and arrested him. Glover claimed that he suffered a head injury during the incident. Glover sued Ortega and Ortega’s employer, the city of Alameda. Glover alleged that Ortega’s actions constituted false arrest and excessive force and that the city was liable for Ortega’s actions. Glover claimed that he criticized Ortega for his delay in handling the vehicle alarm and that when he threatened to file a personal complaint against Ortega about the way he handled the issue, Ortega exited his police vehicle and retaliated by striking him with a closed fist. Glover alleged that he was struck in the head, leaving him semi-conscious. He further claimed that Ortega then continued to take him to the ground and arrest him. Ortega denied punching Glover, and claimed that he only used his hand to push Glover back when Glover got in his face and threatened to hit him. He also claimed that when he pushed Glover away, Glover landed on his knees and that he then arrested Glover for threatening an officer and interfering with an officer’s duties. Defense counsel presented several eyewitnesses who testified that Glover was unreasonably loud, aggressive, and threatening to Ortega. The eyewitnesses also testified that Ortega was reasonable in the handling of the situation, and that Glover was the aggressor and that Ortega was only trying to distance himself from Glover., Glover claimed that he sustained a closed head injury from the alleged blow to his head. He subsequently presented to an emergency room for treatment. Glover claimed that he now suffers from neurological problems as a result of his head injury. Defense counsel called the plaintiff’s treating emergency room physician. The physician testified that Glover had a minor bruise on his face, which was consistent with Glover’s face scraping the ground. However, the treater testified that Glover never indicated that he was struck with a closed fist and that Glover’s condition was not consistent with being forcefully struck by a fist.
COURT
Superior Court of Alameda County, 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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