Facts

In July 2004, a group of San Diego sheriff's deputies arrived on Renee Birdwell's porch. The deputies were there to execute a search warrant. They suspected that Birdwell's landlord had hidden stolen items in the building. The deputies were in plainclothes but were wearing bullet proof vests with the word "Sheriff" emblazoned on them. When Birdwell, who was seven months pregnant, opened the door, the deputies had their badges and guns drawn and ordered her to the ground. Birdwell, 33, and her two minor children who were also present at the time, were startled by the incident. Birdwell filed a lawsuit on behalf of herself and her children against the County of San Diego and Chistopher Davis, one of the deputies who was present during the search.

PLAINTIFFS' CONTENTIONS:
The plaintiff claimed that the deputies acted negligently during the search, causing her and her children both physical and emotional distress. Specifically, the plaintiff claimed she was physically thrown to the ground and handcuffed by defendant Davis. At that time, the plaintiff's 12-year-old son, Aaron, attempted to help by pushing one of the deputies. He too was thrown down and handcuffed. The plaintiff claimed that the amount of force used against her and her son was excessive in violation of their civil rights.

DEFENDANTS' CONTENTIONS:
The defense claimed that the deputies followed the proper "knock/notice" protocol. Defendant Davis contended that he attempted to physically move the plaintiff to the side because upon opening the door, she began screaming and refused to allow entry. At that time, Davis claimed the plaintiff's son, Aaron, attacked him, causing him and the plaintiff to fall. According to the deputies on the scene, they responded by forcing Aaron down and handcuffing him. The defendants denied using excessive or unreasonable force upon the plaintiffs. The defense therefore challenged the plaintiffs' emotional distress claim.

Damages

The plaintiffs' total request for damages was in excess of $200,000. They sought damages for physical and emotional distress as well as $10,000 in relocation expenses. For the civil rights violations, the plaintiffs sought punitive damages as well.

Injuries

The incident caused the plaintiff to suffer from emotional distress. She also sustained some bruises and a broken toe. The plaintiff's son, Aaron, and daughter, Kaylyn, 11, also suffered from emotional distress. Aaron also sustained abrasions.

Result

$36,250. The jury determined that no civil rights violations had occurred, but the defendants were found to have acted negligently during the execution of the search warrant. The award for emotional distress was distributed as follows: $18,000 to Renee Birdwell, $11,750 to Aaron Birdwell, $6,500 to Kaylyn Birdwell.

Deliberation

one day

Poll

8-0

Length

three days