Facts

City of Westminster Police Dept. officers were called to The Lounge bar on Nov. 18, 2007 around 1:30 a.m., after a call from the bar's manager. The manager made the call because he felt threatened by Dr. Sonny Rubin, a Board-certified anesthesiologist, and his two companions. As Rubin and his friends were leaving the bar, the officers approached and ordered them to get down on the curb. Rubin and one companion were not immediately compliant with the officers' order, but one companion did sit down. Rubin's friend was ordered to sit or be tasered. Rubin questioned why they were being confronted, but the officers did not offer an explanation.

The police then took Rubin from a standing to a face-down position on the ground. He subsequently began to swear at the officers, which they captured on audiotape.

Rubin was lifted off the ground and taken to a nearby police car. Rubin was then hit in the face by Officer Jason Stouffer. The officers then drove Rubin to the police station. The police at the station frisked Rubin, then had him sit on a bench.

Rubin hit Officer Ryan Reyes with his shoe while attempting to kick it off, as ordered. Reyes subsequently lifted Rubin and threw him to the ground, at which point he and two other officers reapplied handcuffs to Rubin. Rubin was then tasered.

PLAINTIFF'S CONTENTIONS:
Rubin filed suit against the City, as well as individual officers, alleging excessive force in violation of his constitutional rights. Rubin contended that he was illegally detained and the force used was excessive. Rubin contended that one of the officers, Rachel Lumba, then a trainee officer, forcibly jammed her knee into his neck, permanently injuring it. Rubin claimed the officers also permanently injured his wrists lifting him up while handcuffed, which caused him to scream.

DEFENDANTS' CONTENTIONS:
The officers contended that Rubin was lawfully detained and arrested, and that all force used was reasonable.

Damages

Rubin sought $25 million. The issue of damages was never reached by the jury.

Injuries

Rubin claimed injuries to his wrist, a facial fracture, and herniated discs that required surgery. Four bones were broken in Rubin's face. He required surgery for this injury, and claims to have a permanent dent in his face as a result. He also claimed to suffer anxiety, depression, insomnia, and flashbacks. Rubin's expert witnesses contended that the injuries to Rubin's neck were so severe he was almost a quadriplegic. The defense contended the neck injury was likely the result of Rubin's daily surfing, which he continued to do post-incident right up until shortly before the neck surgery. Rubin contended his ability to work in pain management, which yielded an income in 2009 of $1,000,000, was compromised by his wrist injuries, but Dr. Kramer, a defense expert witness, contended he could work without any limitation.

Result

The jury rendered a verdict for the defense.

Poll

8-0

Length

eight days