Marta Angelica Hurtado v. The County of Sacramento; Sacramento County Sheriff's Department; Sheriff Scott R. Jones, in his official capacity; Deputy David Cuneo, in his official and individual/personal capacity; Deputy Grant Haney, in his official and individual/personal capacity; Deputy Eric Duncan, in his official and individual/personal capacity
Published: Apr. 8, 2017 | Result Date: Sep. 14, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-00323-KJM-KJN Verdict – Defense
Court
USDC Eastern
Attorneys
Plaintiff
Nolan Berggren
(Ortiz Law Group PC)
Jesse S. Ortiz III
(Ortiz Law Group PC)
Defendant
Wendy Motooka
(Cregger & Chalfant LLP)
Robert L. Chalfant
(Cregger & Chalfant LLP)
Facts
On April 20, 2013, plaintiff was attending a party for her uncle's 80th birthday at a house in Wilton. Plaintiff's husband was the disc jockey for the party. Deputies from the Sacramento County Sheriff's Department arrived at the house in response to a noise complaint. They left but returned after a second noise complaint. Upon arrival, plaintiff's husband got into an altercation with one of the deputies and was arrested. Plaintiff became upset and yelled at the deputies while outside of the house. Deputy David Cuneo pushed plaintiff, causing her to fall backwards. Plaintiff went inside the house and attempted to avoid Cuneo. Plaintiff was handcuffed and cited for resisting arrest and disturbing the peace.
The court granted a motion to dismiss filed by the County of Sacramento, Sacramento County Sheriff's Department, and Sheriff Scott Jones. Trial proceeded against Deputy David Cuneo only.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that when she went back into the house to avoid Cuneo, he cornered her by shoving a couch into her, causing her injuries. She claimed that he used excessive force.
DEFENDANTS' CONTENTIONS:
Cuneo contended that he did not shove the couch at plaintiff. He moved the couch so as to barricade plaintiff from leaving because he needed to talk to her to write his report.
Result
The jury returned a defense verdict.
Other Information
FILING DATE: Jan. 30, 2014.
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