Facts

Eduardo Alegrett brought a civil rights lawsuit against the City and County of San Francisco, San Francisco Police Department, Police Chief Greg Suhr, and Officer Matthew Sullivan.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that after exhibiting extremely bizarre, irrational, and aggressive behavior and after he was already taken to the ground and restrained by two police officers, Police Officer Sullivan arrived and repeatedly struck, at least ten times, plaintiff's face and head. Plaintiff further alleged that the conduct of Sullivan was part of a policy and custom accepted and promoted by the other defendants.

DEFENDANT'S CONTENTIONS:
Defendants argued that plaintiff had resisted the first two officers, stated he had a gun and was going to use it, and attempted to bite and spit on them. Defendants further argued that Sullivan's use of force was necessary to distract plaintiff so the other officers could restrain him. Defendants also argued that plaintiff had no evidence to show an unconstitutional policy or practice regarding the use of force.

Result

After a jury trial, the jury found that Sullivan used excessive force against the plaintiff, violated his rights under the Bane Act, and violated plaintiff's Fourth Amendment rights and awarded damages of $3,250. The jury also found that Sullivan's conduct was malicious or in reckless disregard for plaintiff's rights, but could not reach an agreement on punitive damages. Thereafter, the parties settled the lawsuit for $285,000.

Other Information

FILING DATE: Oct. 29, 2012.