Case details
Police use of force at station was reasonable: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, neck, psychological, shoulders
FACTS
On March 16, 2012, at approximately 9 a.m., plaintiff Andre Little, 41, unemployed, was arrested on an Amtrak station platform in Richmond. Little was arrested for interfering with and delaying a police officer and resisting arrest, and claimed the arresting officer, K. Tong, used excessive force during the arrest. The plaintiff claimed to his neck, shoulders, and both hands, as well as emotional distress. Little sued the City of Richmond and Officer K. Tong. Plaintiff’s counsel brought causes of action for violation of the Fourth Amendment, civil rights (Civil Code section 52.1), and battery. The plaintiff’s claim for battery was not pursued at trial. Little contended that Officer Tong used excessive force in grabbing him, taking him to the ground, and using a stun gun during the arrest. Little’s police procedures expert testified that no use of force was justified, because the officer had no probable cause to detain the plaintiff for a crime. The defense disputed liability, arguing that Officer Tong followed policy and training in asking – and then demanding – that Little back up, which Tong claimed Little refused to do. Defense counsel contended that the escalation in use of force was reasonable and necessary, due to Little’s active resistance. The defense’s police procedures expert testified that Officer Tong followed police policies and procedures for engaging a member of the public who was standing too close to an active investigation, and that Little escalated the encounter by refusing to back up., Little was taken by ambulance to the emergency room from the scene of the incident, before being booked into jail. The plaintiff claimed non-specific, soft-tissue to his neck and shoulders, as well as tingling and numbness in his hands. He did not claim any further treatment. Little claimed $5,000 in damages for past medical costs and for his pain and suffering/emotional distress.
COURT
United States District Court, Northern District, San Francisco, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
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
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury