Facts

On March 30, 2008, Pittsburg California Police Officers Cory Smith, Sankara Dumpa, and Gerald Lombardi were dispatched to Frederick Jackson's former residence in response to 911 calls about a shirtless man holding a knife or gun following a physical altercation. When the officers arrived, Jackson was intoxicated but not armed and during their interaction, the officers Tasered Jackson, who sustained facial fractures requiring hospitalization.

PLAINTIFF'S CONTENTIONS:
Jackson filed suit against the officers, alleging civil rights violations. Jackson contended that the officers wrongfully deployed and used their Tasers against him. Jackson contended that, when the officers arrived at his home, they told his daughter to "shut the f--k up." When Jackson told the officers not to talk to his daughter in the fashion, the officers then told him to "shut the f--k up." Jackson responded, telling Officer Lombadi "f--k you too," at which time the three officers simultaneously Tased him. Jackson contended that Officer Smith's data download demonstrated that he gave Jackson a full five-second cycle of electricity after Jackson had already fallen to the ground.

DEFENDANT'S CONTENTIONS:
The officers denied any wrongdoing. The defense contended that when they arrived, they found Jackson highly intoxicated. The defense contended that Jackson was enraged and non-compliant to requests that he be searched. The defense further contended that Jackson knocked an officer, who was attempting to search him, backwards with his elbow and assumed a fighting stance. The officers contended that they deployed their Tasers to prevent further assault to the officer who had been struck. The defense contended that the 300-pound Jackson may have sustained the facial fractures when he was punched out by his neighbor.

Result

The jury awarded Jackson $250,000, $7,500 in punitive damages against Officer Lombardi, $6,500 in punitive damages against Officer Smith, and $2,500 in punitive damages against Officer Dumpa.

Other Information

The defense intends to file an appeal. A motion for attorney fees was filed under 42 USC section 1988(c).

Length

nine days