Facts

Milne sued San Luis Obispo and Cal Poly, San Luis Obispo, alleging excessive force.

In July 2007, plaintiff Jeffery Milne returned home from a hike. A 10-year-old neighbor saw Milne using keys and kicking the door. He did not recognize Milne and thought he was a burglar. The child's mother called the police and four officers responded.

When San Luis Obispo Officers Jeff Kozneck, Amy Chastain, Chrystal Locarnini, and Cal Poly Officer Max Schad arrived, Milne was in his home with his shoes and shirt off. He had been drinking alcohol. Milne had a knife in his back pocket and a loaded pistol and ammunition clip in his front pocket. Guns were located in his living room and bedroom.

The officers demanded entrance and Milne let them in. While at gunpoint, Milne was patted down by the officers who discovered the knife, at which time Milne was tackled, pepper sprayed and handcuffed. Milne claimed the officers never asked him who he was or to produce his identification.

Although it became clear that Milne was the resident of the home, Milne was arrested on charges of resisting arrest.

Milne was acquitted in October 2007 of resisting arrest. He then filed a civil suit against defendants, alleging police misconduct, unlawful arrest, excessive force, assault and battery, violation of civil rights, spoliation of evidence, and negligence.

PLAINTIFF'S CONTENTIONS:
Milne claimed he was getting ready to clean his guns when the officers arrived.

Milne claimed that different officers were giving orders to him all at once, causing confusion as to which orders he should follow. He claimed that he followed all orders, just not quick enough for the officers.

Milne contended that he asked the officers why they were there and told them that it was his home. Milne claimed that the police charged him with the resisting arrest charge to cover up their negligence.

Plaintiff's police procedures expert opined that the officers escalated the encounter by overreacting. Plaintiff contended that the officers should have considered all possible circumstances before acting, especially given that the witness to the alleged crime was a 10-year-old.

DEFENDANTS' CONTENTIONS:
The defense contended that Milne was slow to respond when they asked him to let them in, asking him five times to open the door before he complied. The defense contended that Milne was slow to respond to other orders once he finally opened the door, moving toward the back part of the house where the officers found a rifle next to the bed. When he answered the door, he failed to tell the officers that he was armed.

The defense further contended that Milne was drunk, armed, and dangerous. The defense contended that Milne actively resisted the officers' attempts to restrain and handcuff him.

Injuries

Milne contended that he suffered a wrist injury when the officers picked him up by the handcuffs. He underwent surgery to repair the wrist, performed by Dr. Mark Montgomery, M.D., of Santa Barbara. He also claimed that he suffered a neck injury, which was treated by Dr. Alan Moelleken, M.D., of Santa Barbara. The defense claimed the injuries were preexisting or were attributable to Milne when he resisted the officers.

Result

The parties reached a settlement for $195,000.