Robert Morris, Michelle Morris v. City of Fresno; Fresno Police Department; Ashley Swearington, Mayor, City of Fresno; Alan Autry, Ex Mayor, City of Fresno; Christopher Long; Jeromey DeMoss; Branden Rhames; Jerry Dyer
Published: Nov. 3, 2012 | Result Date: Sep. 5, 2012 | Filing Date: Jan. 1, 1900 |Case number: 1:08-cv-01422-AWI-MJS Verdict – Defense
Court
USDC Eastern
Attorneys
Plaintiff
Kevin G. Little
(Law Office of Kevin G. Little)
Defendant
James D. Weakley
(Weakley & Arendt APC)
Brande L. Gustafson
(Weakley & Arendt LLP)
Facts
Robert Morris was arrested for driving under the influence and was transported by Officer Christopher Long of the Fresno Police Dept. for a blood draw. Morris claimed that he was subjected to excessive force by Long during the blood draw. He sued for excessive force in violation of his Fourth Amendment civil rights.
Contentions
PLAINTIFF'S CONTENTIONS:
Morris claimed that he was compliant during the blood draw, making Long's control hold unnecessary and excessive.
DEFENDANT'S CONTENTIONS:
Long claimed that on the way to the traffic office, Morris urinated in the back seat of his patrol car. Despite this action, Long removed Morris's handcuffs and sat him down in a chair to have his blood drawn. As the phlebotomist was preparing to draw blood, Morris became angry and argumentative. Long told him to calm down, but Morris only became more agitated. Thus, Long placed him in a straight arm bar control hold to keep him still until the blood could be drawn.
Injuries
Morris claimed injuries to his left shoulder that required surgery.
Result
The jury found that Long did not use excessive force.
Deliberation
two hours
Length
eight days
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