Facts

Plaintiff Dwight Watson, 43, lived with his brother-in-law, who was on probation. The Santa Clara County Specialized Enforcement Team (SCCSET) received an anonymous tip that plaintiff's brother-in-law was actively engaged in narcotics sales.

On Oct. 25,2005, SCCSET agents entered the home to perform a probation search. According to plaintiff, the agents grabbed him, punched the side of his face and threw him on to the floor where Officer Albin continued to beat him.

According to defense counsel, the agents were met with belligerence and hostility as soon as they entered the residence. Officer Albin tried to subdue plaintiff, but he was uncooperative and caused both of them to fall forward onto the floor. Officer Albin punched plaintiff in the back when they were on the floor, but only to free his arm that was pinned under plaintiff's body. Three other officers then joined in the struggle to help subdue plaintiff. Following the altercation, plaintiff was arrested for obstructing, delaying and interfering with an officer and for battery on an officer.

PLAINTIFFS' CONTENTIONS:
The plaintiff contended the SCCSET agents, the county of Santa Clara and the State of California unlawfully detained and arrested him, used excessive force, maliciously prosecuted him and intentionally inflicted emotional distress. Additionally, plaintiff's children, who witnessed the event, also alleged intentional infliction of emotional distress.

DEFENDANT'S CONTENTIONS:
Defendant Office Albin contended the arrest was lawful, the use of force was justified and the prosecution was not malicious.

Settlement Discussions

$30,000 plus a motion for attorney's fees demanded; waiver of costs offered.

Damages

The plaintiff and his children sought an unspecified amount in general damages and claimed no special damages.

Injuries

The plaintiff alleged he sustained cuts as well as bruises to his head, face and mouth.

Result

All defendants except for Agent Glenn Albin settled or were dismissed prior to trial. A jury verdict was returned for the defense.

Deliberation

four hours

Poll

7-0

Length

five days