Facts

On July 14, 2006, at around midnight, plaintiffs Gabriela Martinez, who was a minor, Santiago Ibarra Sr., Carolina Ibarra, Santiago Ibarra Jr., also a minor, and Mario Rios were riding in a 2001 Dodge Neon owned by Ibarra Sr. They had recently departed from a Wal-Mart in El Centro and were driving south on Imperial Avenue. The car did not have a license plate, but there was a red DMV permit sticker on the back window as required by the DMV and California law.

The plaintiffs entered a drive-thru at Jack-in-the-Box, located off of Imperial Avenue. After leaving the drive-thru, police cars began following the car and eventually turned on their lights and sirens. Ibarra pulled over into a lot. Police officers came out of their cars and pointed guns at the occupants. Plaintiffs were told to extend their hands out of the vehicle. Ibarra Sr. was told to turn the car off and throw the keys to the ground outside. Ibarra Sr. was then told to exit the vehicle, walk backwards, and kneel, after which he was handcuffed and put in the police car. Ibarra Sr. was fearful because his wife and son remained in the vehicle.

Carolina, Mario, and Gabriela were put through the same process as Ibarra. Plaintiffs claimed that when Mario glanced at a police officer, the officer stated, "Don't give me that look; you know why I am doing this." When Gabriela informed the police that she had a back injury and could not kneel, the officers paid no attention and forced her to kneel.

While the guns still directed at the vehicle, the officers demanded one-year-old Santiago Jr. to exit the vehicle and forcefully took him out when he did not answer.

The plaintiffs suffered much humiliation due to people driving by and witnessing the incident. The officers searched the plaintiffs' car, after which they released plaintiffs on the basis that they had been mistaken.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the officers acted without probable cause, reasonable suspicion, or justification. Further, the plaintiffs claimed they were assaulted, battered, falsely arrested, and embarrassed. The plaintiffs sued the defendants under Title 42 U.S.C. Section 1983 and also sought supplemental state action against the officers as individuals, as well as the city of Imperial and the city of El Centro for failure to properly supervise and control employees.

Injuries

The plaintiffs claimed they suffered physical harm and emotional distress.

Result

A settlement was reached amounting to $40,000.

Other Information

FILING DATE: Aug. 10, 2007.