Facts

Plaintiffs Rodney Muro and Panfilo Zamora claimed that in November 2002, they were subjected to false arrest and excessive force by defendants Jeffrey Simpson, Fresno County Sheriff's Deputy, defendants Gates, Watson, and others. Defendants all belonged to the Multi-Agency Gang Enforcement Consortium. Plaintiffs further claimed that they were maliciously prosecuted.

The events that led to plaintiffs' allegations are as follows. Defendant Simpson had learned that there was an outstanding felony arrest warrant on a man by the name of Javier Ortega. Defendants went to the residence of plaintiff Muro to execute the arrest warrant on Ortega. Defendant Simpson observed a man approach the door, whom he believed to be Ortega. However, the man was in fact plaintiff Zamora. Defendant Simpson directed plaintiff Zamora to exit the residence. All the officers present at the scene reasonably believed plaintiff Zamora to be Ortega. Although the people inside the residence realized that defendants had incorrectly identified plaintiff Zamora, none of them informed defendants of their mistake.

Preparing to execute the arrest, defendant Simpson told plaintiff Muro several times to move out of his way. When plaintiff Muro refused, defendant Simpson placed his hand on him to take him into custody. Plaintiff Muro then attacked defendant Simpson. Another officer made an unsuccessful attempt to immobilize plaintiff Muro utilizing a M-26 Taser, applying two applications, with the darts striking Muro in his chest, who was refusing to follow orders to stay down. Defendant Simpson then hit plaintiff Muro with his baton. Plaintiff Zamora had tried to assist plaintiff Muro in the struggle. When the altercation ended, plaintiffs were arrested.

PLAINTIFFS' CONTENTIONS:
Plaintiffs were in complete compliance, and defendants attacked them without explanation.

Specials in Evidence

Plaintiff Muro sought $1,425. Plaintiff Zamora sought $485.

Damages

Plaintiffs each sought $3,500 to cover the amount of bail.

Injuries

Plaintiff Muro claimed he sustained injuries to his back and legs from when defendant Simpson hit him with the baton. Plaintiff Zamora claimed that he sustained abrasions to his neck from when officers applied a choke-hold on him.

Result

Judgment was for defendants.

Other Information

Plaintiffs also sought damages for lost wages and attorney fees associated with their malicious prosecution claims. However, because they had pled nolo contendere to violating Penal Code Section 148(a), their claims were dismissed. Plaintiffs challenged the dismissal. They argued that they had succeeded on the underlying charges, as those charges were dropped after plaintiffs complied with the terms of their pleas. Plaintiffs argued that they were therefore entitled to pursue the malicious prosecution claims. The court disagreed with plaintiffs, struck the claims, and found the damages sought in connection to those claims to be irrelevant. Further, plaintiffs' motions for judgment as a matter of law and a new trial were denied. Plaintiffs have filed a Notice of Appeal.

Deliberation

two days

Length

10 days