Facts

On Oct. 9, 2010, plaintiff V.L. Chynoweth, a 63-year-old man who was dying from advanced stage lung cancer, was showing his 1966 Chevy II Nova race car at the Temecula Rod Run, in Temecula. One his friends wanted to park his race car next to Chynoweth's, along Front Street, where all of the entrants parked their race cars to show them for the "Rod Run." While Chynoweth's friend was backing-up his race car next to Chynoweth's car, Riverside County Sheriff's Department Sgt. Ken Southern walked-over to the friend, and allegedly began screaming at him not to drive his car on Front Street during the "Rod Run" event.

Chynoweth, who was sitting in his lawn chair next to his race car, saw his friend being scolded by Sgt. Southern, walked over to them, and told his friend not to argue with the sergeant and to comply with his orders. The Sergeant ordered Chynoweth to leave. Chynoweth then turned around and walked about 15 feet before leaning against the hood of his race car.

Sgt. Southern walked over to Chynoweth, and allegedly began yelling at him. Chynoweth said that it was his car, and stayed put.

Sgt. Southern decided to arrest Chynoweth. Sgt. Southern then allegedly grabbed Chynoweth, slammed his face on the hood of his car, threw him to the ground, and knee-dropped him; breaking two of Chynoweth's cancer infected vertebrae.

Chynoweth's wife and daughter verbally protested Sgt. Southern's treatment of Chynoweth, which resulted in them also being arrested. They were taken to jail, booked and cited-out. No criminal charges were ever filed against any of the Chynoweth family.

PLAINTIFFS' CONTENTIONS:
V.L. Chynoweth contended that Sgt. Southern violated his federal constitutional rights to be free from a false arrest and the use of unreasonable force upon him. His wife and daughter claimed the same.

Injuries

V.L. Chynoweth suffered broken vertebrae and bloody abrasions.

Result

The case settled for $750,000.

Other Information

FILING DATE: Jan. 4, 2011. V.L. Chynoweth died on July 22, 2011 from his cancer; seven days after the case had been set for trial.