Facts

Brian Hernandez and Kevin Hernandez sued the City of San Diego, San Diego Police Dept. Chief of Police Shelley Zimmerman, and Former SDPD Chief of Police William Lansdowne. Plaintiffs also sued SDPD Sgt. Ron Bailiff, and SDPD Officers Cody Turner, Andres Ruiz, Anthony Obregon, Eder Arosemena, Adam Breuninger, James Stephens, Tristan Gonzalez, Samuel Morales, Blair Stephens, Scott Barnes, Asa Keefe, Mike Fish, and Michael Wintz, for alleged civil rights violations.

PLAINTIFFS' CONTENTIONS:
Plaintiffs lived with their mother and younger siblings. On July 3, 2013, at around 5:30 in the afternoon, as plaintiff Brian went outside to feed the family's dogs, he heard a commotion on the street and saw a group of youths vandalizing nearby parked cars. Plaintiff told his mother and called the cops. Plaintiff's mother and the rest of the family went outside and saw the youths, who, at this point, were also involved in an altercation. Neighbors also heard the commotion and went outside. The youths fled the area soon thereafter.

When the cops arrived, they began arresting individuals who were not involved in the vandalism or altercation. Plaintiff's mother informed one of the officers that they were arresting the wrong individuals, but the officer pushed her aside, almost knocking her to the ground. In response, plaintiff Brian, then 20, stepped between his mother and the officer to protect her. The officer then arrested him, and told him he was being arrested for assaulting an officer. Plaintiffs claimed the officer then slammed Brian to the ground, causing him to hit his head and knocking him momentarily unconscious. Other officers also assaulted Brian by choking him and aggressively handling him. He also sustained other injuries as a result of the violent acts perpetrated by the officers. All along, the other officers were yelling orders at plaintiff.

Meanwhile, plaintiffs' mother objected to the officers' treatment of her son. Plaintiffs claimed then another officer grabbed plaintiffs' mother, arrested her, and placed her inside the patrol car. Plaintiff Kevin, then 19, who witnessed the excessive force treatment his family members and other individuals suffered, then approached the officers to ask why they were arresting his mother, brother, and other innocent individuals. In response, plaintiffs claimed, an officer arrested him too without probable cause and/or reasonable suspicion to do so. All the while, plaintiffs' younger siblings witnessed the entire event. Plaintiffs claimed they were booked on bogus charges and filed false police reports. Plaintiffs also had to pay a large amount of money to gain release. The City Attorney's office declined to file charges against plaintiffs.

Plaintiffs then sued defendants, alleging causes of action for false imprisonment, battery, and negligence under state tort law; civil rights violations for unlawful seizure, arrest, and detention, use of excessive force, 'Monell' claim, failure to properly train, failure to supervise and discipline, and violations of the 'Bane Act.'

DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and asserted various affirmative defenses.

Result

The parties reached a $135,000 settlement.

Other Information

FILING DATE: March 14, 2014.