Case details

Teenager: Police officer assaulted him at convenience store

SUMMARY

$710000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
avulsion, dental, face, facial laceration, lip, nose, tooth, tooth loss
FACTS
On Feb. 17, 2011, plaintiff Joseph Green, 16, a student, was inside a California Stop gas station and convenience store, in Stockton, attempting to buy candy for his little sister while their mother pumped gas outside. When he tried to pay for the candy, the store clerk would not accept one of his dollar bills. When Joseph questioned the clerk, another man in the store told Joseph to leave. As a result, Joseph responded to the man who was dressed in plainclothes, Robert Johnson, who identified himself as a police officer with the city of Stockton. Johnson ultimately arrested Joseph on suspicion of trespassing and resisting arrest. Joseph was ultimately cleared of the charges, but he claimed he sustained to his face during the incident. Joseph, acting by and through his guardian ad litem, Sheronica Champion, sued Johnson; another city of Stockton police officer who was at the scene, Robert Wong; and the officers’ employers, the city of Stockton and the City of Stockton Police Department. Joseph alleged that the officers’ actions constituted violations of the Bane Act, an illegal arrest, assault and battery, and a violation of his civil rights. When Joseph became an adult, Joseph’s mother, Champion, was removed from the case and her name was taken out of the case caption in an amended complaint. Joseph claimed that when he questioned the clerk about why his money was being refused, Johnson forcefully told him to leave the store. He alleged that since Johnson was in plainclothes, he responded to him, but that once he realized Johnson was a police officer, he attempted to leave the store. Joseph claimed that as he was leaving, Johnson pulled him back into the store and beat him while the other police officer, Wong, stood by and watched. Joseph further claimed that the officers falsified reports related to the arrest. Johnson claimed that Joseph was obstructing business at the store and would not leave after the clerk told him to do so. He alleged that as a result, he arrested Joseph. Wong denied falsifying any reports of the incident., Joseph sustained a laceration of a lip and his two front teeth were avulsed (knocked out). He was taken to a hospital, where he received stitches to his lip. Joseph sought recovery of damages for his past and future pain and suffering only.
COURT
Superior Court of San Joaquin County, Stockton, CA

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