Walter Wacik v. The State of California, et al.
Published: Aug. 12, 2003 | Result Date: Feb. 6, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC750293 Verdict – $195,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Donald Resnick
(medical)
Michael Brage
(medical)
Richard Greenfield M.D.
(medical)
Defendant
Mark A. Gomez Ph.D.
(technical)
Facts
During the early morning hours of March 21, 1999, the plaintiff was cut-off by a motorist on Interstate 8 in San Diego. He pulled up behind the vehicle and flashed his high beams at the driver. This activity was observed by
defendant CHP Officers Del Rosario and Flores, who were in uniform and in a marked police cruiser. The defendants activated their emergency lights and sirens to get the plaintiff to pull over. The plaintiff did not heed the officers and led them on a high-speed chase. After the vehicle chase, the plaintiff exited his motor vehicle and ran. The CHP officers caught the plaintiff at a cyclone gate at a neighborÆs carport. The defense contends the plaintiff tried to scale the fence and the officers tried to pull him off. The defense contended the plaintiff cut his hand and fractured a bone in his right ankle at that time. The plaintiff was forced to the ground by both officers and lay face down. He was then handcuffed. According to the plaintiff, it was at this time that one of the CHP officers raised the plaintiffÆs leg, holding his foot in a plantar flexed position, and violently twisted it, causing a comminuted fracture to his right ankle. The plaintiff could not identify which officer allegedly picked up his front plantar, flexed it and twisted it. The plaintiff, 40 years old, is an apartment manager and had no loss of income or medical specials due to his
incarceration.
Specials in Evidence
$15,000 to $30,000
Result
The jury found that defendants Flores and Del Rosario violated the plaintiffÆs constitutional rights under 42 U.S.C. 1983 by using excessive force. The jury also found the defendants liable for battery. In addition, the defendants were both found to have acted with malice. Three other officers named defendants were not found liable for failure to intervene, negligent supervision, or any other of the plaintiffÆs allegations. The jury returned a verdict against two officers. However, the parties entered a stipulated judgment against the State of California only. The jury awarded $45,000 in economic damages and $150,000 in non-economic damages. The attorneysÆ fees and litigation costs were settled by stipulated judgment in the amounts of $350,000 and $45,000, respectively.
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