Domingo Leyro v. City of Chowchilla, Chowchilla Police Department, Jeff Palmer, Tyler Hormel
Published: Jul. 10, 2010 | Result Date: Jun. 18, 2010 | Filing Date: Jan. 1, 1900 |Case number: 1:2008cv01675 Verdict – $330,000
Court
USDC Eastern
Attorneys
Plaintiff
Steven A. Geringer
(Law Offices of Steven A. Geringer)
Defendant
Lori R. Mayfield
(Law Offices of Shawn C. Moore)
Facts
On Aug. 7, 2007, Chowchilla police officers responded to a 911 hang-up call and went to the home of plaintiff Domingo Leyro, an off-duty Merced County sheriff's deputy. When they arrived, the officers encountered Leyro and, ultimately, one of the officers shot him with a Taser. Leyro was arrested, but later cleared of criminal charges. He filed suit against officers Jeff Palmer and Tyler Hormel.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff acknowledged that a 911 hang-up call was made, originating from his home. He claimed, however, that the dispatcher called Leyro's home phone number back and that his girlfriend, Giselle Perez, informed the dispatcher that no assistance was needed. Plaintiff alleged that, nonetheless, the officers were sent to the home. Plaintiff contended that, after the officers asked if they could speak with Perez, he shut the door while he went to get her. He claimed that the officers felt as though he had slammed the door in their faces and followed him into the house. During the ensuing encounter, Leyro was Tasered by officer Palmer.
DEFENDANTS' CONTENTIONS:
The officers claimed that, after they followed Leyro into the home, they told him to stop.
Damages
Plaintiff incurred $40,000 in damages.
Result
The jury awarded plaintiff over $330,000, which included $139,000 from each officer and $7,500 in punitive damages from officer Palmer.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390