Facts

On Oct. 14, 2006, plaintiff Vanessa Esquivel, a 32-year-old medical technician, attended a birthday/costume party held in Oxnard. Oxnard police officers Derek Stephens and Sheylan Flannery arrived at the party in response to complaints about noise and fighting.

As Stephens employed a Taser to stop a partygoer who was clutching another man by the throat and preparing to strike the man, Esquivel stepped in the middle of the scuffle and was shocked by the Taser. Esquivel asserted that Flannery took hold of her neck, threw her onto the sofa and then onto the floor. Flannery then used the Taser to shock her back.

Esquivel was placed under arrest for battery and for resisting and obstructing the officers. She was subsequently acquitted.

PLAINTIFF'S CONTENTIONS:
Esquivel brought an action against the city of Oxnard and officers Stephens and Flannery, claiming false arrest and excessive force under 42 U.S.C. section 1983. Esquivel, who was dressed in a Playboy Bunny costume, claimed that she did not resist arrest but was attempting to repair her costume when the incident occurred.

DEFENDANTS' CONTENTIONS:
The officers testified that Esquivel interfered with the arrest of the partygoer, hit Stephens, and also resisted and prevented the officers' attempts to arrest her.

Settlement Discussions

An initial demand for $50,000 was made and an offer of $10,000 was returned.

Damages

Esquivel requested an unknown amount in damages for her attorneys fees, including a $1,000 bail bond.

Injuries

Esquivel claimed scars on her back from the Taser and bruises on her neck, arms, and wrists, with each requiring urgent care. She did not claim that future treatment was necessary.

Result

The jury trial resulted in a verdict for the defense.

Deliberation

55 minutes

Poll

8-0

Length

four days