Facts

Travis Wilkerson, Tyler Wilkerson, Andrew Harlin and Victoria Garcia sued the City of San Diego, and Officers Kevin Armentano, Chad Mendenhall, Gregory Minter, Craig Shumate, Erick Valdez, and John Steffen, claiming he was subjected to excessive force by San Diego police officers.

Officers Mendenhall and Valdez were dismissed prior to trial.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that at approximately 2 a.m., on December 3, 2011, they were harassed by a man while walking down E Street in San Diego. The unknown man punched Travis and then ran off. Nearby police officers approached plaintiffs. Plaintiffs claimed the officers violently threw Travis to the ground. His head hit the ground, and he was pepper sprayed, handcuffed and taken to jail. Tyler, Travis' brother, was also slammed to the ground, handcuffed, and arrested. Garcia, Travis' wife, witnessed her husband being thrown to the ground and was handcuffed and arrested. Harlin was taken to the ground, handcuffed, pepper sprayed, and likewise arrested. No charges were filed against any of the plaintiffs. They brought claims under 42 U.S.C Section 1983 for constitutional violations, as well as claims for negligence, false arrest, battery, and California civil rights violations.

Injuries

Travis claimed he suffered abrasions and injuries to his head, and two chipped teeth. Harlin became unconscious and was taken to the hospital by ambulance, where he was treated for a concussion.

Result

The jury found Officers Shumate and Armentano used excessive force against Travis and Harlin, falsely arrested them, and violated their rights by threats, intimidation or coercion under Civil Code 52.1. It also found the officers acted negligently toward Travis and Harlin. The jury awarded Travis $55,000 including $10,000 in punitive damages, and Harlin $57,500 including $7,500 in punitive damages. The jury also found the officers acted negligently toward Garcia, but that their actions were not a substantial factor in causing her claimed harm of emotional distress. The jury found defendant John Steffen was not liable.

Other Information

Plaintiff Tyler Wilkerson died prior to trial. Plaintiffs were entitled to attorney fees under 42 U.S.C. 1988 and Civil Code § 52.1(h). The parties agreed to payment of $530,000 by the City of San Diego in costs and attorney fees.

Deliberation

1.5 days

Length

one week