Facts

Robert J. Reginato filed suit against the City of San Diego, Officer Wesley McDonald, and Officer Patrick Vinson in relation to an incident that took place on September 21, 2014 in San Diego's Gaslamp Quarter and resulted in Reginato being arrested and charged with resisting an executive officer and battery on the defendant officers.

PLAINTIFF'S CONTENTIONS: Reginato contended that around 2 a.m. on September 21, 2014, he and his friend Gabriel Talley, both Marine Corps officers, were celebrating Talley's return from Afghanistan and Reginato's 21st birthday when they witnessed a fight in the street. The friends saw an unconscious man on the ground and attempted to render first aid, but were shoved away by Officer Nicholas Zastrow. Reginato contended he was pushed by an officer for no apparent reason, causing his head to strike the pavement, and Officer Vinson punched him in the head and face as he tried to stand up. Reginato was arrested. Reginato claimed he suffered injuries to his head, face, and eye, along with nerve damage to his wrists and hands due to the officers' handcuffs. Reginato asserted causes of action against defendants for violation of his constitutional rights under 42 U.S.C. Section 1983, negligence, battery, and Civil Code Section 52.1.

DEFENDANT'S CONTENTIONS: Defendants denied the allegations of wrongdoing and the officers contended that they were entitled to qualified immunity.

Result

Reginato voluntarily dismissed all claims against McDonald and voluntarily dismissed his Section 1983 claims against the City. The court granted summary judgment in defendants' favor on Reginato's false arrest and malicious prosecution claims on the ground of issue preclusion, but denied summary judgment as to Reginato's excessive force, negligence, and battery claims. Ultimately, the parties reached a settlement agreement under which the City agreed to pay $116,000 to settle Reginato's claims.