Facts

On Nov. 21, 2012, three City of San Diego police officers were dispatched to the home of Jose and Elba Rios. The officers began to arrest Jose Rios, when Elba Rios tried to call someone to translate what was being said, she was arrested too. The Rios' were charged with violating Penal Code section 148, resisting, delaying or obstructing an officer. The charges were later dismissed. The Rios' sued the City of San Diego and Officers Bruce Porterfield and Laura Smith.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the officers used excessive force in arresting them and arrested them without probable cause. Specifically, they claimed that Jose Rios' head was slammed against the front door of plaintiffs' home and against the pavement after he was dragged outside by one of the officers. Jose was also punched multiple times in the face. Elba Rios was violently pushed, and grabbed, and eventually arrested without probable cause.

Plaintiffs asserting claims pursuant to 42 U.S.C section 1983 for civil rights violations and unlawful customs, policies and habits. They also asserted claims for negligence, battery, and civil rights violations pursuant to California Civil Code section 52.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiffs' allegations and asserted various affirmative defenses.

Result

Plaintiffs settled with the City of San Diego for $75,000.

Other Information

FILING DATE: Dec. 14, 2013.