Facts

Plaintiff Vincent Forbes claimed that on Sept. 10, 2009, while at the Orange County Superior Court, Deputy Daniel Villa subjected him to excessive force. Plaintiff claimed that while attempting to talk to a friend the deputy grabbed him and threw him to the ground.

Plaintiff filed a suit for excessive force.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he was returning from a court appearance and was waiting to enter a holding cell when he saw a friend in custody and attempted to communicate with him. He claimed that he was grabbed by the deputy, slammed against a plexiglass wall, thrown to the floor and that the deputy then placed his knee in his back and pulled the plaintiff's upper body backwards exacerbating pre-existing neck and back injuries.

Two independent witnesses, in a summary written by an IAD deputy, reported observing Deputy Villa use force on the inmate in an almost identical manner as stated by the plaintiff. These witnesses did not know the plaintiff and their statements were taken three months after the incident. This new information was produced three years after the incident and almost after two years in litigation.

DEFENDANT'S CONTENTIONS:
Deputy Villa claimed that inmates were returning from their court hearings when plaintiff, who was in handcuffs and shackles, walked toward cells containing protected custody inmates. He called several times to plaintiff to return to a cell and was ignored by plaintiff. Deputy Villa also claimed that he then grabbed plaintiff by the left arm and shirt and began guiding him back to the cell when plaintiff tripped over the chain shackling his ankles together. Plaintiff fell to the floor but Deputy Villa held onto him, preventing his upper body from coming in contact with the floor. He then helped plaintiff to his feet and then led him to a cell. Plaintiff did not complain of any injury.

Settlement Discussions

Plaintiff demanded $845,000. Defendant offered $5,000.

Specials in Evidence

$757,000

Injuries

Plaintiff had approximately 10 prior surgeries to his cervical and lumbar areas, including multiple fusions, placement of hardware and the prior use of an intrathecal pump, which continuously delivered pain medication directly to his spinal column. Plaintiff underwent surgeries to his neck and back approximately one year after the incident, those surgeries having been necessitated by the injuries he suffered during the incident. Plaintiff also claimed minor injuries to his cheek and eye.

Result

Defense verdict.

Other Information

Plaintiff intends to file a Motion For New Trial. Plaintiff also intends to appeal the judge's decision if a new trial is not granted. Plaintiff contends the judge's refusal to allow plaintiff to read from the deposition of the witness was plain reversible error. MEDIATOR: Constance M. Komoroski. FILING DATE: Sept. 1, 2011.

Deliberation

one hour

Length

five days