Facts

Gary Hesterberg sued the U.S. government over a park ranger's use of a Taser gun on him.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that prior to Jan. 29, 2012, the National Park Services (NPS) took over the Rancho Corral de Tierra located in San Mateo County, and enacted a rule requiring dogs to be on a leash while in Rancho. Plaintiff contended that although the county had also forbidden off-leash dogs in the Rancho, residents had been running their dogs off leash for several years.

Plaintiff alleged that the Chief Ranger had instructed his deputies to order park rangers to take an "educational approach or soft enforcement" regarding the Rancho's new rules, including the leash law. Plaintiff alleged that he was unaware of the rule when he went for a jog with his two dogs on Jan. 29, with one of his dogs off-leash. While on his jog, he noticed NPS Ranger Sarah Cavallaro, who was patrolling Rancho, and immediately leashed his other dog. Cavallaro informed plaintiff that she was not going to cite him for violating the leash law, even though she had the authority to do so. Then, she proceeded to ask for plaintiff's identification. Plaintiff alleged that he provided his correct birthday, address, and first name. However, he lied about his last name because he did not want to be placed in an "offending dog walker" list. Cavallaro radioed the information plaintiff provided. Meanwhile, a couple then walked up to them, and started asking questions. Plaintiff claimed that he also asked Cavallaro questions, but that she did not respond to his questions. Plaintiff then told the Ranger he was going to leave, but Cavallaro told him he was not free to go. She then summoned for back up. Then, as plaintiff was attempting to leave, Cavallaro grabbed him to prevent him from leaving. Plaintiff alleged that Cavallaro pulled a Taser and pointed it at him to prevent him from leaving, and eventually shot him as he began to leave. Plaintiff alleged that Cavallaro did not give him a warning prior to shooting the Taser. Plaintiff claimed that the Taser was extremely painful. Ultimately, Cavallaro cited plaintiff for failing to obey a lawful order, providing false information, and walking a dog off-leash. However, the district attorney declined to press charges against plaintiff.

Plaintiff asserted claims for battery and negligence.

DEFENDANT'S CONTENTIONS:
Defendant insisted that Ranger Cavallero's conduct was lawful at all times.

Result

The court found that Ranger Cavallaro's use of the Taser was unlawful under the circumstances. It then awarded Hesterberg $50,000 in damages.