Facts

On Sept. 3, 2008, two Oakland Police Dept. (OPD) officers, Nadia Clark and Barocio, went to a home owned by Victor Jones after receiving a tip that marijuana was being grown in the backyard. Barocio claimed he saw 10 to 14 plants less than six feet tall in the backyard, and Clark claimed that she saw two plants six feet tall.

The following day, Clark and several other officers returned to the home with a search warrant. After the police knocked on the house's metal security gate, Jones and his girlfriend, Novender Fleming, stated they tried to respond. Fleming said that after Jones opened the interior door, she tried to open the security gate and one of the officers, R. McMillan, struck her right hand with an iron tool used to break open doors, lacerating her thumb. Fleming and Jones were handcuffed and held while police searched the home. When Jones presented two permits to grow and possess medicinal marijuana, Clark responded that it was still over the legal limit of plants allowed to be grown outside.

During the search, the officers confiscated a loaded, unregistered gun. After completing the search, the officers unhandcuffed Jones and Fleming, requiring them to sign statements that Fleming's injury was an accident and that Jones had three plants over the legal limit.

Fleming and Jones filed suit against Clark, McMillian, and the other officers as well as the City of Oakland, alleging violations of their Fourth Amendment rights.

PLAINTIFFS' CONTENTIONS:
Fleming and Jones contended that the officers did not provide sufficient time for them to open the door before attempting to breach the security gate. They further alleged that Clark was yelling to open the door, causing Fleming to open the gage and injure her hand. Fleming and Jones alleged they were held at gunpoint for over 45 minutes. Jones contended that there was no evidence to support that the marijuana was being grown for unlawful purposes and the search was unlawful. Fleming and Jones contended that they only signed the statements, because they wanted to be released after being unlawfully detained, and that Fleming needed medical attention for her injury.

DEFENDANTS' CONTENTIONS:
The officers contended they waited 10 to 15 seconds after knocking, during which they heard footsteps approach and retreat from the door. They alleged that the door remained shut and neither Fleming nor Jones stated they were coming to the door, and that when Jones opened the interior door they could not tell whether he was armed. The officers alleged Jones told them to break down the security door after he was unable to open it, and that they were warned to stay away before the door was struck with the tool. The officers claimed they had reasonable concern that Jones and Fleming were destroying evidence or arming themselves, and that they holstered their weapons upon a few minutes after securing the residence. They further alleged they were not handcuffed for more than five minutes.

Damages

Jones and Fleming sought damages for violation of their rights, and Fleming also sought personal injury damages.

Injuries

Fleming sustained a laceration on her thumb, which was treated with sutures. She claimed she suffered damage to her ulnar collateral nerve, causing residual pain and weakness. Fleming and Jones both claimed to suffer psychological trauma

Result

The jury found that Clark and McMillan violated Jones and Fleming's Fourth Amendment rights, awarding Fleming $23,500 in damages and Jones $15,000 in damages.

Deliberation

one day

Length

one week