Facts

Plaintiff filed suit against deputies Zachary Varela and Anthony Montoya of the Orange County Sheriff's Dept.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that deputies Zachary Varela and Anthony Montoya of the Orange County Sheriff's Department used unreasonable and excessive force when conducting a search of his cell for contraband, which resulted in his being beaten and having his right ear partially torn off. Plaintiff also alleged that once he had been restrained, he was kicked in the groin three times by Deputy Montoya as other deputies held him down.

Plaintiff alleged causes of action for alleged violations of the Fourth Amendment under 42 U.S.C. section 1983 by use of excessive/unreasonable force, Bane Act violation under California Civil Code A 52.1, and battery under California state law.

DEFENDANT'S CONTENTIONS: Defendants contended that the force used was objectively reasonable under the circumstances. Plaintiff did not follow the directives of the deputies, refused to turn over the contraband, and placed Deputy Varela in a chokehold when Deputy Varela attempted grab plaintiff's arm to conduct a search. Deputy Montoya struck Plaintiff in the head and shoulders in order to free Deputy Varela from the chokehold. Plaintiff continued to physically resist the deputies. While Deputy Montoya was attempting to hold plaintiff's head down to keep him from spitting at the deputies, Deputy Montoya's finger accidentally slipped into an oversized piercing hole (used for earplugs or grommets) in plaintiff's right ear. Plaintiff continued to thrash about and physically resist the deputies as the skin around his right ear lobe was accidently torn off. Deputies Varela and Montoya were not able to get control of plaintiff until other deputies responded. Defendants further contend that plaintiff was never kicked in the groin as alleged.

Insurer

County of Orange

Damages

Plaintiff alleged damages for past and future pain, suffering, and disfigurement due to the injury to his right ear.

Result

Defense verdict.

Deliberation

nine hours

Poll

8-0 for both defendants

Length

three days