Facts

During a search warrant service, several individuals came to the security door asking to purchase drugs (methamphetamine). Prior to the plaintiff's arrival, a La Habra detective who spoke Spanish answered the residence telephone. On the phone was a male Hispanic who informed the detective that he was coming over to purchase narcotics. The detective informed defendant Detective Daniel Barnes of the phone call. Within a few minutes, Barnes observed plaintiff arriving outside. The plaintiff was observed double-parking his vehicle in the street.

The plaintiff came up to the door and asked for Jose, who was the alleged drug dealer at the location. Barnes told him that Jose was not there and asked what he needed. The plaintiff then informed Barnes that he wanted to "pick something up." Barnes took the doubled-parked car and plaintiff asking to "pick something up" as indicative that plaintiff was attempting to purchase drugs. Barnes opened the door, stating "Police, get in here" and grabbed the front of plaintiff's shirt to detain him for further investigation.

The plaintiff pulled back away from Barnes in a way that Barnes described as attempting to get away. Barnes pulled plaintiff forward into the home, telling plaintiff to "get on the ground." The plaintiff appeared to be complying and for a moment, Barnes took his hands off plaintiff to allow him to go down to the ground. Instead, plaintiff moved to stand upright, attempting to stay on his feet and pull away again. This movement apparently made plaintiff lose his balance and he fell head first into the residence. At that time, other officers were present and coming to assist. The plaintiff hit his head on the corner of an interior wall.

The plaintiff suffered a laceration to the top of his head. After the plaintiff hit his head, he did not make any more movements to attempt to get away, and no further force of any kind was used on him. The officers got a towel to apply pressure to his head and called paramedics.

Before trial, plaintiff dropped the city of La Habra as the defendant, as well as numerous other causes of action.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff, by his own momentum and/or resistance, caused his own injuries. The minimal force used to detain the plaintiff was reasonable.

Settlement Discussions

The plaintiff made an initial $150,000 demand, which was later reduced to $75,000. The defendants made an initial $1,500 offer and later $10,001.

Injuries

The plaintiff suffered 8 cm laceration to the top of plaintiff's head requiring 20 staples.

Other Information

The defendant brought a Rule 50 motion, which the court reserved ruling on until after the verdict. The parties participated in a settlement conference before Magistrate Judge Nakazato. FILING DATE: April 28, 2007.

Deliberation

50 minutes

Poll

10-0 (defense). One juror was dismissed for cause on the first day of trial

Length

three days