Facts

On Jan. 26, 2007, a fight broke on the street outside of the Backstreet Bar & Grill in Madera, where plaintiff John James was a patron. Madera Police Department officers arrived at the scene while James was standing outside.

James filed suit against Madera police officers and the City of Madera, alleging unlawful arrest and excessive force.

PLAINTIFF'S CONTENTIONS:
James alleged that he was standing on the sidewalk outside the restaurant when Officer Shant Sheklanian tackled him to the ground, striking him in the face and upper body. James contended that he fought back in self-defense, but stopped fighting once he knew Sheklanian was a police officer. James stated he sat on the curb when instructed, but that Sheklanian demanded he lie down on his stomach on the street. James alleged that when he attempted to explain the situation, he was Tasered by Sheklanian, arrested and taken to jail. James further alleged Sheklanian and Officer Jason Gutknecht used false and fabricated police reports to charge him with Penal Code violations.

He contended he was deprived of his right to be secure from unreasonable seizure, in violation of his constitutional rights. James stated he was not involved in the altercation and had complied with the officers' instructions.

DEFENDANT'S CONTENTIONS:
The officers stated they were called to the scene in response to a reported altercation involving 30 individuals and that James was screaming and appeared to be involved when they arrived. Gutknecht stated he ordered James to step back and guided him away from the fight, but that James struck his hand away and took a combative stance. Sheklanian said as a response to James's aggression, he took him to the ground and James pushed him away, striking him. Sheklanian stated he then struck James one time and James began to punch Sheklanian's face. When a crowd gathered, Sheklanian claimed he ordered James to lie on his stomach and removed his Taser but, despite his instruction, James refused to cooperate. The officers stated James was shocked with the Taser and then taken into custody after yelling profanities and refusing to comply with instructions.

Damages

James sought medical expenses, lost wages, as well as future special damages, compensatory damages, punitive damages, and costs.

Injuries

James claimed he suffered facial cuts, blunt trauma injuries, severe bruising, contusions and abrasions on his head, face, neck, shoulders, back, arms and knees, as well as muscular sprain and strain to his neck and back. James stated he was weak, stiff, and sore, suffering great anguish, fear and consternation after the incident.

Result

The jury found James was lawfully arrested and the force used was not a cause of harm or damage to him.

Deliberation

seven hours

Length

four days