Phillip Salaz Padilla v. City of Fontana, et al.
Published: Aug. 19, 2003 | Result Date: Jul. 24, 2003 | Filing Date: Jan. 1, 1900 |Case number: EDCV9973RT Verdict – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Jorge Gonzalez
(Jorge Gonzalez APC)
Defendant
S. Frank Harrell
(Lynberg & Watkins)
Christina M. Sprenger
(Lawrence, Beach, Allen & Choi PC)
Experts
Plaintiff
James E. Mahone
(technical)
Trence Clark
(medical)
Defendant
Clarence R. Chapman
(technical)
Kendall S. Wagner M.D.
(medical)
Facts
The plaintiff, Phillip Salaz Padilla contended that on Aug. 21, 1998, two Fontana police officers violated his civil rights by subjecting him to excessive force, false arrest, imprisonment, assault and battery and the intentional infliction of emotional distress. The incident began when the officers observed the plaintiff driving a bicycle at night without proper lighting. The plaintiff alleged that he stopped his bicycle in response to the Fontana patrol vehicle's flashing lights. The plaintiff further alleged that the two Fontana Officers then ran toward him and began to hit him with a flashlight and baton, despite the fact that he had raised his hands in the air in an attempt to surrender. The plaintiff and four alleged eyewitnesses asserted that he was beaten for upwards of ten minutes as he lay helpless on the ground. The defendant officers contended that they were not liable since their actions were at all times reasonable and lawful. The defendants contended that during the course of the incident, the plaintiff attempted to flee from the officers, challenged them to fight, and otherwise physically resisted his arrest. At the time of his arrest, the Fontana officers were assigned to a special gang suppression unit in conjunction with the San Bernardino County Sheriff's Department in the City of Rancho Cucamonga. While patrolling a known gang area, the Fontana officers observed the plaintiff violate several traffic laws. When the officers attempted to stop the plaintiff and question him about his violations, the plaintiff looked toward them, yelled obscenities and attempted to flee on his bicycle. A brief pursuit ensued, ending in a physical altercation and the arrest of the plaintiff. The plaintiff was then transported for medical attention.
Damages
The plaintiff sought general damages in an unspecified amount and additionally claimed several hundred dollars in medical expenses as well as damages for one year of missed work time.
Injuries
The plaintiff sustained lacerations to his head and leg during his arrest. The head laceration required multiple staples to close. The plaintiff also alleged that he suffers ongoing distress.
Deliberation
two hours
Poll
9-0
Length
eight days
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