Jafar Afshar v. City of Sacramento
Published: May 10, 2008 | Result Date: Jan. 3, 2008 | Filing Date: Jan. 1, 1900 |Case number: 04CV01088(LKK) Settlement – $180,000
Court
USDC Eastern
Attorneys
Plaintiff
Defendant
Wendy Motooka
(Cregger & Chalfant LLP)
Robert L. Chalfant
(Cregger & Chalfant LLP)
Experts
Plaintiff
Leslie J. Gershoff
(technical)
Facts
On June 7, 2003, at approximately 2:30 a.m., defendant city of Sacramento Police Dept. arrested plaintiff Jafar Afshar after seeing him standing in the middle of J Street in downtown Sacramento. Believing plaintiff was under the influence of alcohol or controlled substances, defendants searched him and discovered a smoking pipe and marijuana. They took him to jail, where plaintiff remained until approximately 4:12 a.m. The plaintiff sued defendant and Sheriff Lou Blanas for false arrest and excessive force due to plaintiff's race nationality, and religious affiliation.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant knocked him down and beat him during booking, causing a laceration to his scalp. The unprovoked attack was captured on a police video. Further, one of the officers asked plaintiff, "Where is your religion now?"
DEFENDANTS' CONTENTIONS:
The defendants contended plaintiff was yelling and was uncooperative at the jail. He repeatedly failed to follow instructions. The plaintiff's head accidentally hit the wall when a deputy tried to wrestle him to the ground.
Injuries
The plaintiff suffered arm contusions; scalp lacerations; and swollen wrists and fingers.
Result
The parties settled for $180,000. The court granted defendant Blanas' motion for summary judgment on all of plaintiff's claims. Judge Lawrence Karlton also said plaintiff waived all but his excessive force claim.
Other Information
FILING DATE: June 7, 2004.
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