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Civil Rights
42 U.S.C. Section 1983
Assault and Battery

Bereket Demsse v. City of San Diego, San Diego Police Department, Officer Fortier, Officer Barnum, Officer Terranova, and Does 1 through 50, inclusive

Published: Mar. 1, 2014 | Result Date: Dec. 16, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 3:12-cv-00914-JM-WVG Verdict –  Defense

Court

USDC Southern District of California


Attorneys

Plaintiff

Daniel A. Vespi

John Y. Tremblatt


Defendant

Jan I. Goldsmith

John Riley
(Office of the City Attorney)

Andrew B. Jones
(Jones Kopfman Artenian)


Facts

Bereket Demsse sued the City of San Diego, the San Diego Police Department, Kenneth Fortier, and Tobia Terranova in connection with an event that took place on July 22, 2011. Defendants removed the action to the U.S. District Court.

Contentions

PLAINTIFF'S CONTENTIONS:
Demsse contended that on July 22, 2011 at approximately 6 p.m., he was socializing with his friends at Colina Park in San Diego when police officers arrived. Demsee contended that the police officers then proceeded to ask each person in his group who was on probation or parole and directed each of them to line up. Demsse, who was neither on probation nor parole, contended that he could not line up because he was a paraplegic, and that the wheelchair nearby belonged to him. Demsse contended that the officers then picked him up without his consent, and dropped him on the pavement. Demsee contended that he required emergency medical treatment following the officer's treatment. Demsse then sued defendants for civil rights violations. Demsse asserted several causes of action including assault, battery, intentional infliction of emotional distress, and violation of his civil rights.

Result

The jury returned a unanimous verdict in defendants' favor.


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