Facts

Around 12:20 a.m. on March 5, 2005, plaintiff Wayne Vernon, a 54-year-old technical architect, was placed under arrest on Jackson Street, San Francisco after the manager of a bar/restaurant dialed 911 claiming that a patron was drunk and threatening other individuals. The manager provided a physical description of the individual.

Officer Tim Obezier responded and the manager pointed at plaintiff. The officer then arrested plaintiff for public intoxication. Officers George Perez and Thomas Johnson arrived in a police van, and proceeded to take plaintiff to the police station.

Plaintiff filed suit against the city and county of San Francisco, as well as Officer Perez, pursuant to 42 USC section 1983, alleging excessive force and false arrest in violation of his Fourth Amendment rights.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that while he was drinking that particular night, he did not go to that bar but was walking home from work. He further claimed that Officer Perez forcefully shoved him into the police van, pushed his face against the van floor, and twisted his arm behind his back, which caused injury to his shoulder and elbow.

DEFENDANTS' CONTENTIONS:
Defendants claimed that plaintiff possessed a history of alcohol-related amnesia; that he was subject to this at the time of his arrest; and that he also possessed a record of alcohol-related arrests as well as hospitalizations. Defense counsel also impeached plaintiff for inconsistent testimony and inability to recollect material portions of his allegations.

Settlement Discussions

Plaintiff demanded $400,000, which was later reduced to $80,000. Defendants offered $5,000.

Damages

Plaintiff sought an unspecified amount for medical damages as well as pain and suffering. Defense claimed that plaintiff suffered a minor elbow injury after he slipped and fell while exiting the van. Defense further claimed that the elbow injury was pre-existing and not caused by this incident; that his claimed injuries were nonexistent or inconsistent with his allegations.

Injuries

Plaintiff claimed traumatic injury to his head, neck, shoulder and elbow, all of which were medically treated.

Result

Defense verdict.

Other Information

Post trial: Defendants have filed a motion for costs and fees. Plaintiff has filed an appeal.

Deliberation

45 minutes

Poll

8-0

Length

five days