Case details

Police used excessive force during improper arrest: plaintiff

SUMMARY

$750000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
face, fracture, nose
FACTS
On July 30, 2017, plaintiff Carl Edwards was fixing a fence on the front porch of his house in Vallejo when he was approached by Vallejo Police Officer Spencer Muniz-Bottomley. A neighbor previously called 911 to report that a man in black jeans and a white tank top was shooting rocks from a slingshot at her sons. As a result, Officers Mark Thompson and Bretton Wagoner arrived at the scene, spoke with the neighbor and then radioed Muniz-Bottomley to contact Edwards, who was working on his fence at the time. Shortly after approaching Edwards on Edwards’ front porch, Muniz-Bottomley put Edwards into a carotid hold, a choke hold that puts pressure on the carotid arteries to slow or block blood flow, causing a loss of consciousness. As a result, Edwards briefly pass out. Edwards claimed that he was then beaten by Muniz-Bottomley and that Thompson and Wagoner joined in before Wagoner used a second carotid hold on him while the other officers continued to beat him. Sergeant Steve Darden then arrived and punched Edwards several times while other officers held him down. Edwards was handcuffed while Muniz-Bottomley knelt on his neck. Muniz-Bottomley charged Edwards with multiple felonies, claiming that Edwards had assaulted the children, as well as officers. However, after 14 months, all charges were dismissed because of a lack of sufficient evidence. Edwards claimed he sustained to his face during the incident. Edwards sued Muniz-Bottomley; Thompson; Wagoner; Darden; the officers’ supervisor, Vallejo Chief of Police Andrew Bidou; and the officers’ employer, the city of Vallejo. Edwards alleged that defendants’ actions constituted violations of his civil and constitutional rights, including his right to be free from excessive force and malicious prosecution. Plaintiff’s counsel contended that Thompson and Wagoner arrived first at the scene and were told by the 911 caller that Edwards, who was across the street wearing brown pants and a gray shirt, was not the suspect, who had on black jeans and a white tank top. Counsel contended that despite the officers being told that Edwards did not match the description of the suspect, Thompson and Wagoner radioed Muniz-Bottomley and told him to contact Edwards. Plaintiff’s counsel maintained that Muniz-Bottomley approached Edwards from behind, told Edwards to put his hands up and then immediately took Edwards down to the ground with a carotid hold. Counsel contended that once on the ground, the officers beat Edwards before putting him in handcuffs. Counsel noted that the incident was captured on the officers’ body-worn cameras. In addition, plaintiff’s counsel contended that after the incident, Thompson and Wagoner asked the two young male victims to vaguely describe Edwards as the suspect, while their mother insisted that it was someone else. Defense counsel denied Edwards’ allegations, and claimed that the officers acted appropriately., Edwards sustained a fractured nose, and multiple lacerations and contusions. He was taken to a hospital, where he was treated and released into police custody. Edwards decided to move away from Vallejo after the incident. He claimed he suffers emotional distress as a result of the incident. Edwards sought recovery of past medical costs, damages for his past and future emotional and physical pain and suffering.
COURT
United States District Court, Eastern District, Sacramento, CA

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