Stanley Chaney, Gricelda Chaney v. City of Tulare et al.
Published: Apr. 20, 2002 | Result Date: Jan. 29, 2002 | Filing Date: Jan. 1, 1900 |Case number: 99186450 Verdict – $0
Judge
Court
Tulare Superior
Attorneys
Plaintiff
Richard J. Sullivan
(Law Offices of Richard J. Sullivan)
Defendant
Experts
Plaintiff
Barbara Sziraki
(technical)
Donald E. Reierson
(technical)
Defendant
George T. Williams
(technical)
Geoffrey M. Miller M.D.
(medical)
James Billys
(technical)
Facts
On June 20, 1997, at approximately 1:08 a.m., Officer Diaz was dispatched to a "disturbing the peace call" in the
400 block of West Kern, in the city of Tulare. When he arrived at the scene, he observed a few male subjects
run off and observed the plaintiffs struggling with each other. Due to the type of call relayed by Dispatch and
because he saw them both struggling,
Officer DiazÆs first impression was that they were involved in a fight or some sort of domestic violence
altercation. Officer Diaz could hear the plaintiff Stanley Chaney yelling and screaming at his wife to leave him
alone and to get her hands off him. As the police office was parking his car, he pulled up next to the plaintiffs.
He opened the driverÆs side door and the plaintiff, using his right arm and right knee, attempted to close the
door.
Officer Diaz then opened the door and by this time the plaintiff had walked away, and in the direction a group
of males ran toward. Officer Diaz verbally ordered the plaintiff to stop and talk with him, but the plaintiff
refused, telling the officer "Leave me the f . . . k alone." The officer ordered the plaintiff to stop walking two
more times, but the plaintiff refused. The police officer then grabbed the plaintiff by the left arm and ordered
him to stop. The plaintiff turned around and using both hands shoved the officer away, shouting "Get your f. . .
. . g hands off me, Mother F. . . . r."
By this time, the plaintiffÆs wife walked over and stood next to her husband and yelled at the police officer to
leave her husband alone. The police officer again attempted to detain the plaintiff by his shoulders and, because
of his aggressive behavior, he ended up pushing him to the ground to control him.
As the plaintiff fell, he grabbed hold of his wife and she fell with him. They landed in rose bushes located at
the property. The plaintiff stood up immediately and assumed a fighting stance. He lifted both his fists in front
of him. He ignored all police directives and the police officer then pulled his baton from its sheath and ordered
the plaintiff back onto the ground. The plaintiff refused and was struck on the left thigh. He then fell to the
ground and the police officer attempted to handcuff him.
The police officer was prevented from putting the plaintiffÆs right hand in the handcuffs due to the intervention
of the plaintiffÆs wife who was attempting to pull the police officer away from her husband. The plaintiff wife
was screaming that her husband had just had surgery. Officer Diaz pushed the plaintiff wife away and
informed her that she was interfering with an arrest, and by this time the plaintiff had been fully handcuffed.
The plaintiff was placed in the back seat of the patrol unit and taken to Tulare District Hospital to receive
treatment due to his complaints of pain from existing injuries to his right wrist and left hip. After receiving
treatment, the plaintiff was booked into the Tulare City Jail for violations of Penal Code Sections 148 and 243.
The plaintiff wife was also transported and booked into Tulare City Jail for violations of Penal Code 148 and
243. She was released later that day and the plaintiff husband remained in jail for five days.
The plaintiffs were prosecuted for violations of the Penal Code. The plaintiff wife received a dismissal of her
charges and the plaintiff husband received an acquittal. The plaintiffs then filed a government tort claim and
civil lawsuit. Other than false arrest, the state tort causes of action were dismissed in the defendantÆs motion
for summary judgment. The plaintiffÆs municipal liability claim based on Monell was bifurcated from the first
phase of the trial pending determination by the jury whether the officer had violated the plaintiffÆs
constitutional rights.
The plaintiffs proceeded to trial based on excessive use of force and false arrest and
malicious prosecution.
Settlement Discussions
The defendants made a nuisance value offer prior to trial of $5,000. The plaintiff demanded $150,000 at the mediation and renewed this offer during the course of the trial. The plaintiffÆs attorney asked for over $500,000 in closing argument.
Injuries
The plaintiff claimed an aggravation of a work-related injury from 1995 that resulted in a wrist fusion and alleged emotional distress. The plaintiff wife also claimed alleged emotional distress.
Deliberation
5.5 hours
Poll
12-0 (false arrest, Stanley Chaney), 3-9 (false arrest, Gricelda Chaney), 12-0 (qualified immunity, Gricelda Chaney), 11-1 (excessive force, Stanley Chaney), 11-1 (excessive force, Gricelda Chaney), 9-3 (malicious prosecution), 9-3 (malicious prosecution, Gricelda Chaney)
Length
eight days
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