Facts

Andrew Mattingly was walking home and was detained by SFPD Officers Banegas and Tam. Mattingly was eventually arrested for public intoxication and resisting arrest.

Mattingly was put in jail with an ulnar fracture that was not treated. He went to an emergency room after he was released from the jail the following morning and his friend, a nurse, told him he would need medical care. Mattingly sued the city for excessive force.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he was detained while walking home from a bar and the officers would not tell him why. He claimed they handcuffed him without explaining why. Plaintiff alleged he said "nice rack" to the female officer who handcuffed him and was still holding his wrists behind his back, and that in retaliation she jerked up on the handcuffed wrists, bringing him to his knees and his head to the pavement, breaking his left ulna. Plaintiff alleged he told the officers they had broken his arm, but they did not take him for medical treatment.

Plaintiff further alleged that he was instead arrested for public intoxication. Plaintiff alleged he was a triathlete and not very intoxicated, and that he could easily have walked to his apartment, which was three blocks from where he was stopped.

Plaintiff maintained that when he was checked into the county jail, the intake nurse's notes showed all the indicia of a broken forearm, but because the bone did not protrude and because Plaintiff was arrested for public intoxication, the nurse said he assumed Plaintiff was exaggerating his claims of pain.

DEFENDANT'S CONTENTIONS:
Defendants claimed that Plaintiff was clearly drunk when he left the bar. He violently assaulted three innocent people, two of whom called 911. Banegas and Tam responded to the call and found Plaintiff so drunk he could not stand up without the help of a fence. Plaintiff was handcuffed without incident. The officers claimed that Plaintiff was attempting to blame Banegas for his broken arm, when it was physically impossible for the alleged act of pulling on handcuffs to result in an isolated ulnar fracture.

Defendants further argued that Plaintiff was not a credible witness, as he repeatedly changed his story to fit the evidence.

Injuries

Plaintiff was diagnosed with a transverse fracture of his left, non-dominant ulna. He spent two weeks in a cast, and then underwent open reduction, internal fixation surgery. Plaintiff claimed that he still experiences pain and weakness.

Result

The jury rendered a defense verdict.

Deliberation

two hours.

Poll

8-0

Length

two weeks