Facts

On April 15, 2007, Santa Paula police, responding to a domestic violence call, arrested plaintiff Max Vasquez after being told by his girlfriend that he had injured her. Officers Cody Madison and Carlos Mitre approached Vasquez, telling him to sit.

Vasquez filed suit against the Santa Paula Police Department and both officers, alleging excessive force in violation of his Fourth Amendment rights.

PLAINTIFF'S CONTENTIONS:
Vasquez contended that after he complied with the officers' commands, Mitre grabbed him unprovoked and Madison stunned him with a Taser gun. Vasquez further stated that Madison shocked him again while one hand was handcuffed and he was still subdued from the first shock.

DEFENDANTS' CONTENTIONS:
The officers stated that they found Vasquez with bloody hands and did not know where the blood had come from. They further contended that Vasquez gave false statements, screaming obscenities, and struggled, before Madison issued the initial Taser shock. Madison stated he then shocked Vasquez again after he failed to comply with orders to put his hands behind his black. The officers alleged that Mitre used a standard police control hold.

Damages

Vasquez sought $2,500 in medical expenses, loss of income, as well as pain and public humiliation.

Result

The jury found that Madison violated Vasquez's civil rights by using the Taser awarding Vasquez nominal damages of $1. The court found in favor of Mirte.