Facts

John Ross, known as the "Water Man" for handing out bottled water to the homeless, was a longtime homeless advocate. Ross was 74 at the time the incident took place. He was distributing water when Officers Daniel McLaughlin and Brian Stephens of the San Diego Police Department pulled in and told the crowd to disperse. McLaughlin then allegedly threw Myron Hill, one of the homeless men, against a wall, and when Ross asked what was happening, the officer allegedly twisted Ross' arm and threw him to the ground. Marvin Britton witnessed the incident from across the street. He came to help Ross and was also allegedly shoved by McLaughlin.

Ross, Hill, and Britton sued McLaughlin and Stephens for excessive force. They also sued the city, police department, and others for negligence. Stephens and the named City Council members were dismissed prior to trial. The case proceeded only against the city and McLaughlin.

Defendants claimed that the location was a known site for homeless camping and narcotics activity. Earlier in the day, the officers received a top about narcotics activity occurring in the area and claimed they stopped to investigate and move people out of the street. Defendants also claimed that the curb where Ross was parked was a no-parking red zone. Defendants denied using excessive force and contended that Ross fell to the ground as he was being escorted to the sidewalk. Defense claimed that Britton rushed from across the street and approached McLaughlin with his fists clenched and he was pushed back only after he refused to stand back.

Injuries

Ross claimed to have suffered a concussion and exacerbated an old injury to his right shoulder. Britton and Hill both suffered scrapes and bruising. All three claimed emotional distress as a result of the incident.

Result

The jury found that McLaughlin used unreasonable force and was negligent. He was exonerated for the civil rights violations and claim for assault. The jury did not find malice and did not award punitive damages. The jury also found that McLaughlin's negligence was not a substantial factor in causing harm to Ross. The jury awarded $2,925.64 in medical costs to Ross and $1,000 in physical pain and emotional suffering. The jury found for the defense on all claims asserted by Britton and Hill.

Deliberation

2.5 days

Length

six days