This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Civil Rights
Excessive Force
Monell Claim

Jay Russell Shafer v. County of Santa Barbara; Bill Brown, Individually and as Sheriff of Santa Barbara County; Santa Barbara Sheriff’s Department; Deputy Freddy Padilla, #2465 Individually and as a Peace Officer; and Does 1 through 10, Inclusive

Published: Apr. 18, 2015 | Result Date: Dec. 22, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 2:11-cv-08110-FMO-FFM Verdict –  $120,000

Court

USDC Central


Attorneys

Plaintiff

Thomas E. Beck
(The Beck Law Firm)


Defendant

Dennis A. Marshall

Mary Pat Barry
(Office of the Santa Barbara County Counsel)


Facts

JJay Shafer sued the County of Santa Barbara, Bill Brown, Individually and as Sheriff of Santa Barbara County, Santa Barbara Sheriff's Dept., and Deputy Freddy Padilla, in connection with Padilla's arrest of Shafer.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff, who was a student at the University of California Santa Barbara, alleged that on Oct. 4, 2009, he was walking along a public sidewalk with his friends with water balloons in their hands. Defendant Padilla then accosted them and ordered plaintiff to "drop the balloon." Plaintiff claimed Padilla became angry when plaintiff asked why and knocked him to the ground. The other deputies then helped Padilla restrain plaintiff to the ground using their hands, knees, and feet. Plaintiff's friends questioned defendants' actions, but they ignored their concerns, arrested plaintiff, and left without obtaining any statements from them, who witnessed the incident.

Plaintiff alleged that Padilla and the other deputies' conduct violated his civil rights. Then, following his arrest, he was booked for allegedly violating the law, which Padilla supported by the filing of a false crime and arrest report. Plaintiff pleaded not guilty with respect to the charges filed against him. The criminal matter was subsequently dismissed, unconditionally.

Plaintiff alleged that he reported Padilla's conduct to the Santa Barbara Police Dept., which then conducted a superficial investigation. Plaintiff claimed that the investigation ignored Padilla's allegedly violent and dishonest past.

Plaintiff then sued defendants asserting causes of action for violation of civil rights against unreasonable seizures and conspiracy and unlawful custom and practice.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations and asserted various affirmative defenses.

Result

The jury rendered a verdict in Shafer's favor. Although finding the arrest lawful, the jury nevertheless found that Padilla used excessive force in the arrest, and awarded Shafer $45,000 in economic damages and $75,000 in noneconomic damages. The court rejected Shafer's First Amendment and malicious prosecution claims, but found Padilla acted with malice, oppression, or in reckless disregard of Shafer's right. However, it awarded no punitive damages.

Other Information

FILING DATE: Sept. 29, 2011.


#118931

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390