Lawrence Davis v. City of Rialto, et al.
Published: Oct. 28, 1995 | Result Date: Oct. 12, 1995 | Filing Date: Jan. 1, 1900 |Case number: CV941106HLH – $0
Facts
On September 16, 1991, Plaintiff Lawrence Davis, a 38-year-old mentally retarded, black, and unemployed male, was drinking beer outside his Rialto apartment when Defendant City of Rialto police arrived in the area. They had been dispatched to investigate a report of "6 black male gang members with guns in the street." The plan of Defendant police officers was to hide in the alleys while two police vehicles road through the street toward each other, in order to scatter the residents. At no time did the police see gang members, but were aware of children present and playing in their front lawns. As police units scattered the residents, Plaintiff panicked. Thinking he was in trouble for drinking beer in public, Plaintiff tried to leave as everyone scattered. Because of his handicap, Plaintiff could not run. The Defendant officers gave chase and tackled Plaintiff. Plaintiff's family members asked the police not to arrest him, due to his retardation; Plaintiff was arrested and charged with resisting/delaying an officer. Formal charges were not filed; and Plaintiff was released approximately 7 hours after his arrest with an order to appear in court.
Settlement Discussions
Defendants contend they offered $1,000 and Plaintiff demanded $20,000. Plaintiff contends that Defendants made no offers.
Specials in Evidence
not presented
Injuries
Laceration to the forehead requiring debridement and closure; residual emotional distress and fear of police.
Deliberation
2 hours
Poll
7-0
Length
2 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390