Facts

Plaintiff Deon Richard Dirks was the driver and sole occupant of the vehicle in Compton. Defendant deputies Robert Martinez and Pablo Partida initiated a traffic stop. During the traffic stop, Partida asked Plaintiff to exit the vehicle.

Plaintiff asked why he was being asked to exit the vehicle. Partida first asked Plaintiff to exit the vehicle a second time, then became upset and began to yank on the door in an attempt to open it and remove Plaintiff from the vehicle. However, the driver's side door was jammed and inoperable. Plaintiff informed the deputy that the door was inoperable. Partida ordered Plaintiff to exit the passenger side of the vehicle. As Plaintiff complied with the order, he turned and saw Martinez already inside of the vehicle blocking Plaintiff's exit. Martinez attempted to yank Plaintiff out of the vehicle. However, Plaintiff pulled away from the deputy's grasp. Martinez yelled at Plaintiff and knocked a baseball cap off Plaintiff's head. Martinez exited the vehicle, followed by Plaintiff.

After Plaintiff exited the vehicle, Martinez grabbed Plaintiff's arm without warning and shoved Plaintiff between the body of the vehicle and the open door. At this point, Martinez then began forcefully twisting Plaintiff's right arm up his back. Partida took hold of Plaintiff's left arm. Plaintiff cried out that the deputies were hurting him and pushed down with his arm to prevent injury to him. The deputies told Plaintiff to stop resisting. The deputies subsequently punched and pepper sprayed Plaintiff.

Partida then swung Plaintiff to the ground face-first while holding Plaintiff's hands behind his back. While on the ground, the deputies continued to strike Plaintiff. Martinez admitted to delivering up to 10 knee strikes to Plaintiff's head. Plaintiff suffered a blowout fracture to his left eye socket.

Plaintiff was jailed and prosecuted for multiple crimes including battery upon a police officer. Plaintiff faced 10 years in prison. Eventually all charges were dismissed. Plaintiff's certification as a school bus driver was revoked based upon the criminal charges, resulting in the termination of his employment as a bus driver.

DEFENDANT'S CONTENTIONS:
The deputies alleged that they witnessed Plaintiff commit multiple traffic infractions, and that Plaintiff was irate and refused to show his driver's license during the traffic stop.

Both defendants claimed that they feared that Plaintiff had a gun. Martinez asserted that he entered Plaintiff's vehicle to control Plaintiff's hands in order to prevent injury to deputies. Martinez asserted that Plaintiff elbowed Martinez twice in the chest and punched Martinez in the face with such force that Martinez was ejected from the passenger side of the vehicle.

The deputies admitted to punching, pepper spraying, throwing Plaintiff to the ground, and subsequently kneeing Plaintiff in the face. Defendants claimed that the force used was necessary to overcome Plaintiff's resisting arrest and to protect themselves from Plaintiff's possible use of a weapon.

Settlement Discussions

Plaintiff demanded $2 million. Defendants offered $10,000.

Result

Verdict for $7,089,893 ($5 million compensatory damages; $500,000 punitive damages against Martinez; $500,000 punitive damages against Partida; $1,077,635 attorney's fees pursuant to 42 U.S.C. section 1988; $12,258 costs).

Other Information

Defendants' motion for new trial was denied. FILING DATE: Aug. 5, 2008.