Facts

On Aug. 16, 2011 at approximately 10:10 p.m., Erik Russell was crossing the street in San Francisco when he was stopped by officers and taken into custody. He was transported to Richmond Police Station where he was placed in a holding cell. Russell sued the City and County of San Francisco, Police Chief Greg Suhr, and Police Officer Damien Reyes.

Defendants filed a motion for summary judgment. U.S. Magistrate Judge Joseph C. Spero granted defendants' motion with respect to Russell's Monell claim and plaintiff's claims for injunctive and declaratory relief. Jugde Spero denied the motion as to plaintiff's remaining claims.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that while he was inside the holding cell, with his left wrist handcuffed to the bench, defendant officer Reyes entered his cell and proceeded to repeatedly strike him with a closed fist. Plaintiff contended that his head hit the back of the wall causing a fracture in his vertebrae. He was transported to San Francisco General Hospital for treatment. He claimed that defendants feloniously assaulted and battered him without justification. He also claimeded that defendants violated his civil rights.

Plaintiff also disputed defendants' version of the events. He contended that he could not have kicked the officer because he suffered from a disabling condition that affected his ability to kick.

Plaintiff claimed civil rights violations, assault, battery, intentional infliction of emotional distress, negligence, and negligent supervision. Plaintiff also sought injunctive relief and declaratory relief.

DEFENDANTS' CONTENTIONS:
Defendants contended that the officers observed plaintiff staggering onto the intersection, causing several cars to stop abruptly to avoid hitting plaintiff. Then, when an officer attempted to stop plaintiff, plaintiff ignored the officer. When he finally stopped, the officer noticed that plaintiff appeared intoxicated. Plaintiff repeatedly cursed at the officers. The officer told plaintiff that he would be taken into custody until he sobered up. He was booked for public intoxication, to be released when sober.

Plaintiff's left hand was handcuffed to the bar while inside the holding cell. At one point, plaintiff was making so much noise that an officer had to check on him. When defendant officer entered the cell, plaintiff kicked defendant officer repeatedly, and attempted to swing at defendant officer. Defendant officer, concerned for his safety and unaware that plaintiff's left hand was handcuffed, struck a "single distraction blow with a closed fist" to plaintiff's left cheek area. That single strike caused plaintiff's head to hit the metal wall behind him.

Defendants contended that the defendant officer's single blow was a reasonable use of force under the circumstances. Defendants also contended that they were entitled to summary judgment and that defendant officer was entitled to qualified immunity. Defendants argued that they were entitled to summary judgment because plaintiff cannot show that they engaged in a pattern of constitutional violations. Defendants also argued that plaintiff's other claims failed.

Injuries

Russell sustained a fracture to his neck, C5 vertebrae as well as a black eye, and a laceration to the back of his head.

Result

Defendants motion for summary judgment granted in part and denied in part. Ultimately, the case settled for $30,000.00.