Facts

An Nguyen's 70-year-old immigrant mother who lived in San Jose was found in a dumpster, beaten and raped. She suffered brain damage as a result of the attack and could not remember details of the attack. Several days later, Nguyen, 22, was arrested for the crimes against his mother. Nguyen was in jail when bodily fluids found on his mother's body were sent for analysis along with his own. Nguyen's counsel waived his right to a speedy trial. Ninety days after Nguyen's incarceration, police officials determined that the fluid sample from Nguyen's mother had not yet been sent to a crime lab. At that time, the sample was sent to the lab for testing. Nguyen was released after test results proved that the fluids did not match his own. Nguyen filed a lawsuit against the City of San Jose, the County of Santa Clara and Sergeants Edward Zarate and Terrence Simpson of the San Jose Police Dept. Zarate and Simpson were the officers that arrested Nguyen and worked on his case. Against these parties, Nguyen alleged false arrest, Fourth Amendment violations, lack of probable cause to arrest him and negligent or intentional withholding of evidence. The claims against the county were later dropped.

PLAINTIFF'S CONTENTIONS:
the plantiff's counsel claimed that the San Jose Police Dept. violated its own internal policy by failing to conduct immediate testing of the fluid sample that could have proved the plaintiff's innocence.

DEFENDANT'S CONTENTIONS:
the defense contended that an investigation contradicted the plaintiff's statements that he was not at his mother's house the night she was attacked. Further, days before the attack, the plaintiff's brothers had to restrain him for fear he was going to attack their mother. The plaintiff also had a restraining order against him for stalking another woman. The defense further contended that the police had no legal duty to conduct any particular investigation. When the police determined that the fluid sample had mistakenly not been sent to the lab, they immediately sent it. At the request of the police department, the lab expedited the testing request. In the normal course, the testing would have taken longer than the two months it actually took.

Damages

The plaintiff sought damages for emtional distress.

Result

Defense verdict. All but one of the plaintiff's claims were dismissed by Judge Jamie Jacobs-May. Plaintiff's counsel agreed to drop the intentional tort claim in exchange for waiver of costs.