Facts

On June 5, 2005, plaintiff Alan H. Daniels, 59, and his co-worker Ron Fukuda had been at a bar a block away and across the street from Fukuda's trucking business. Plaintiff admitted to having four to five drinks over a span of 2.5 hours. They left the bar at 11:30 p.m. and decided to buy coffee at the 7-11 before plaintiff was to drive home to Escondido. They drank the coffee in plaintiff's pickup truck while legally parked in a 7-11 store parking lot in San Marcos.

Several hours later a citizen phoned the Sheriff's Department to report an intoxicated man had gotten into his truck and that he was afraid the man would cause an accident. The caller also said that the man was urinating on the side of his truck.

Daniels and Fukuda fell asleep in the truck. Defendant county of San Diego deputies, James Cady, Mario Genera and David Collins awakened them four hours later. Plaintiff's engine was running and his foot was on the gas pedal.

Deputy Genera banged on the driver's side window, and motioned for plaintiff to roll down the window once plaintiff awoke. Plaintiff instead opened the driver's side door. Deputy Genera asked why plaintiff was sleeping in his truck, but plaintiff's reply was incoherent. Deputy Genera smelled alcohol, and at this time Fukuda woke up and stated that the two men had been drinking.

Deputy Cady then introduced himself to plaintiff, and as he spoke, plaintiff became loud and aggressive, shouting profanities. Deputy Cady decided to arrest plaintiff for being drunk in public. Plaintiff started to get out of the truck, despite Deputy Cady's instructions. Plaintiff advanced towards Deputy Cady in a threatening manner trying to strike him with his fists. Deputy Genera shouted, "Get down" several times and struck plaintiff four to six times with his flashlight when plaintiff did not heed his orders.

Plaintiff alleged Deputy Genera struck him on the side of his head. After being struck, plaintiff stopped advancing, but refused orders to lie down. Deputy Cady sprayed him with pepper spray. Deputies Collins and Genera grabbed his shirt and pulled him to the ground. Plaintiff's head struck the pavement, but he continued to resist. The three deputies managed to handcuff him.

Paramedics transported plaintiff to a medical center at his request. At 5:37 a.m. he was discharged. The next morning at 8:10 a.m., plaintiff went to Urgent Care and complained of back and right chest pain. X-rays revealed he had three fractured ribs.

Plaintiff filed suit for excessive force against the Deputies and the county of San Diego for improper and inadequate hiring and training of its Deputies.

Injuries

Pain to ribs, back and torso; three fractured ribs; pepper spray in eyes; laceration on forehead.

Result

Defense verdict.

Other Information

FILING DATE: May 31, 2005.