Facts

Plaintiff Flavio Ochoa alleged that on March 23, 2007, Deputy Jose Gil used excessive force upon him and arrested him without probable causing him physical and emotional injuries. At about 9 a.m., Deputy Gil was patrolling in Chino and initiated a traffic stop of plaintiff for a license plate violation. Plaintiff became hostile and verbally abusive and tried to take Deputy Gil's metal citation book. After being asked to sign the citation without taking the cite book from Deputy Gil's hands, plaintiff again tried to take it. Deputy Gil then pulled plaintiff out of his car to explain the situation and determine why plaintiff would not comply. Plaintiff resisted being handcuffed, a struggle ensued and plaintiff was taken to the ground and arrested.

Plaintiff denied trying to take the cite book, and claimed that he was attempting to sign the citation as directed when Deputy Gil pulled him out of his car for no reason, and, with the assistance of other deputies, slammed him to the ground where he was struck with fists, handcuffed and arrested.

Plaintiff brought this action against defendants County of San Bernardino and Deputy Gil under 42 U.S.C. Section 1983 for unreasonable search and seizure alleging a broken thumb, other physical injuries, and post-traumatic stress disorder.

Defendants denied any liability.

Result

After two hours of deliberations, the jury returned a unanimous verdict for the defendants.