Facts

On March 17, 2010, plaintiff Andrew Clarke was standing outside Heroes Bar & Grill in Fullerton, smoking a cigarette. Clarke claimed that individuals approached him and began harassing him, trying to pick a fight. Multiple police officers then arrived on the scene and arrested Clarke.

Clarke later sued Fullerton and the officers who had been involved.

Defendant officers Sam Contino, Kenton Hampton, Jesus Salazar, and Michael Worley were dismissed before trial.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that while defendant officer Cary Tong drove plaintiff to the Fullerton Police Department, Tong used unreasonable force and violated plaintiff's First Amendment right to free speech. Plaintiff also contended that at the station defendant officer James Bolden used unreasonable force, resulting in a fracture of plaintiff's finger.

DEFENDANT'S CONTENTIONS:
Defendant officers contended that they did not use excessive force or violate Clarke's civil rights. The defense also contended that Clarke was the aggressor. Defendants argued that during the verbal altercation at the bar, Clarke admittedly head-butted another person.

Result

A jury unanimously found that the officers did not commit any civil rights violations.

Other Information

Clarke was convicted of assault and battery, for his involvement in the bar fight.

Deliberation

4.5 hours

Length

four days