Facts

On July 7, 2007, Toy White was in her home in Mission Viejo with her husband Steve and their three Old English sheep dogs. A woman entered her property without their permission and one of the dogs bit her. Four Orange County sheriff's deputies and a Mission Viejo dogcatcher came to the Whites' home that evening and entered their house without the couple's consent demanding that the dog who bit the woman be surrendered for a 10-day quarantine. White was thrown to the ground and injured.

Mission Viejo allows for in-home quarantine at the discretion of the City if circumstances warrant. The Whites informed the deputies they wanted the in-home quarantine instead of surrendering their dog and asked the deputies to step outside where they may continue their discussion. Toy claimed that as she placed her hand on the door handle, one of the deputies grabbed her and threw her down onto the tile floor without warning or provocation. She was cuffed, arrested, and sent to jail.

The dog was also taken into custody, but was returned the following day after the Whites demonstrated to the City that their property was suitable for in-home quarantine. However, Toy was charged with misdemeanors, including battery on an officer and resisting arrest. The Orange County District Attorney's Office dismissed the charges four months later, making no conclusion or finding as to whether the deputies had authority to enter the residence or remove the dog.

The Whites sued the City of Mission Viejo and the Orange County sheriff's deputies involved for unlawful stop and seizure, excessive use of force, false arrest, malicious prosecution, and conspiracy.

Settlement Discussions

Mission Viejo settled the matter with the Whites in the amount of $24,000 as against the dogcatcher, Harold Holmes.

Result

The jury returned a verdict in favor of the Whites, awarding $259,400, including punitive damages. The jury found against Deputies Macias and Waters on unreasonable search and seizure, excessive false, and false arrest. The jury also found against Sgt. Jansen on false arrest, and relieved Crivelli of liability.