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Civil Rights
Excessive Force
42 USC Section 1983

Natasha Burton, et al. v. City of San Jose, San Jose Police Department, et al.

Published: Apr. 17, 2010 | Result Date: Mar. 31, 2010 | Filing Date: Jan. 1, 1900 |

Case number: C06-06331-JW Verdict –  Defense

Court

USDC Northern


Attorneys

Plaintiff

Matthew E. Gonzalez
(Office of the Public Defender San Francisco)


Defendant

Michael J. Dodson
(Jeanette N. Little & Associates)


Facts

In 2006, multiple plaintiffs, including Natasha Burton, were arrested during a Mardi Gras celebration in downtown San Jose. Subsequently, she sued the City of San Jose, the police department, and several police officers for violating her civil rights. Their cases were consolidated.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that the officers used excessive force when arresting them. They contended that the officers struck them with batons during their arrests. Plaintiffs also contended that the officers sprayed one of arrestees with pepper spray and forced plaintiffs to the ground before arresting them.

DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiffs were combative, such that whatever force was used was reasonable, not excessive.

Result

A verdict was returned for the defense.


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