Case details
Student claimed she was thrown to the ground while handcuffed
SUMMARY
$130000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Jan. 19, 2018, plaintiff Brianna Bell, 17, a student, was handcuffed by police at Helix Charter High School, in La Mesa, for refusing to leave the school, as she was suspended at the time. Brianna was thrown to the ground two times by police officer Scott Wulfing and pinned to the ground. Brianna sued Wulfing and Wulfing’s employer, the city of La Mesa. Brianna alleged that Wulfing’s actions constituted excessive force in violation of her civil rights, and assault and battery. Plaintiff’s counsel contended that Wulfing used excessive force by throwing the already handcuffed teenage girl to the ground and then pinning her on the ground. Defense counsel asserted that while walking to the police car, Brianna attempted to free herself from Wulfing’s grasp by thrashing her arms and pulling away from Wulfing. Counsel contended that the city hired an independent investigator to look into both the incident and the questions of possible misconduct, and found that Wulfing had not violated policy. Defense counsel also contended that the investigator found that Wulfing had not used excessive force against Bell and that Wulfing’s actions were not racially motivated., Brianna suffered minor scratches that did not require hospitalization or continued medical treatment. However, Brianna claimed that she suffered from emotional distress as a result of the incident and that she received therapy to discuss the incident and subsequent events. Brianna sought recovery of damages for her emotional pain and suffering. Defense counsel contended that Brianna was evaluated in March 2018 and diagnosed with possible post-traumatic stress disorder, but that Brianna did not engage in any further treatment after May 2018. Thus, defense counsel disputed the amount of Brianna’s alleged damages.
COURT
United States District Court, Southern District, San Diego, 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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