Facts

Plaintiff, Jose Angel Martinez Romero, was on his way home one day when the California Highway Patrol pulled him over, allegedly for not wearing his seat belt. Martinez-Romero claims that the CHP officer got angry when Martinez-Romero asked for his tools from the truck, which the CHP officer was impounding. According to plaintiff, Officer Dan Frederick tackled Martinez-Romero when the latter turned to walk away, as he was ordered to do.

Martinez-Romero sued Officer Frederick and the state of California in federal court alleging causes of action including unnecessary and wrongful force, battery and violation of the Bane Act.

PLAINTIFF'S CONTENTIONS:
The plaintiff argued that the officer warned him to walk away within three seconds or he would be arrested. However, he claimed the officer, without warning, jumped him, causing him to hit the ground face-first, and twist his leg out of the socket. Three witnesses supported plaintiff's account in essential parts at deposition, but less so at trial.

DEFENDANTS' CONTENTIONS:
The defendants claimed that, because the plaintiff was unlicensed, state law required that he not be permitted to continue to drive the pickup truck. Therefore, Officer Frederick told the plaintiff he would impound the truck, and directed the plaintiff to return to the CHP station with the registered owner to retrieve it. Officer Frederick told the plaintiff that he would not be cited, and directed the plaintiff to leave the scene. The plaintiff refused to leave. Despite the officer's repeated instructions to leave, the plaintiff refused to leave, but persisted in trying to get back to the pickup truck. Officer Frederick then attempted to place the plaintiff under arrest for interfering with the officer's performance of his duties, a violation of Penal Code section 148 and Vehicle Code section 2800. The plaintiff violently resisted arrest, striking the officer several times. In the struggle, both men fell to the ground, and the plaintiff's hip was dislocated.

Specials in Evidence

Before trial, Martinez-Romero dismissed his claim for lost wages, when Judge Jenkins ruled that the claim would open discovery into immigration matters.

Damages

The plaintiff claimed to suffer economic losses due to the injury, as he could no longer work at his full capacity. In addition to economic losses, plaintiff sought damages for pain and suffering and punitive damages and attorney fees. The defendants argued Martinez-Romero was an undocumented illegal immigrant and was not entitled to recover lost wages since he was not legally qualified to work in the state. Plaintiffs dispute that defendants ever argued this, but remembers that defendants tried repeatedly to discover plaintiff's immigration status at deposition and in written discovery, despite protective orders.

Injuries

Martinez-Romero dislocated the femoral head from the pelvic socket. A closed reduction was performed and Martinez-Romero spent the night in the hospital but required 6-8 months of physical therapy. The plaintiff's orthopedics expert described that plaintiff faced suffering long term arthritis from the injury, which defendant's expert disagreed with. The plaintiff's expert also opined that Martinez-Romero may show signs of vascular necrosis three years after hip reduction. Plaintiff's expert also explained that the mechanism of injury was inconsistent with Frederick's account of a scuffle at his deposition, and Frederick gave a different rendition at trial after the plaintiff's expert testified.

Result

The jury found in favor of the defense. Some jurors said that no unnecessary force was used by the CHP officer, others said that the officer "accidentally" used excessive force.

Deliberation

1.5 hours

Length

seven days