Joseph Ledesma, Jeannie Ledesma v. City of Vallejo, a municipal corporation; Robert DeMarco, individually and in his official capacity as Police Officer for the City of Vallejo; Amanda Blain, individually and in her official capacity as Police Officer for the City of Vallejo; and Does 1-50, individually and in their official capacities as Police Officers for the City of Vallejo, jointly and severally
Published: Jan. 17, 2020 | Result Date: Sep. 10, 2019 | Filing Date: Jan. 17, 2017 |Case number: 2:17-cv-00106-MCE-CKD Settlement – $175,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
John L. Burris
(Law Offices of John L. Burris)
Adanté Pointer
(Pointer & Buelna LLP)
Melissa C. Nold
(Nold Law)
Defendant
Katelyn M. Knight
(Office of the Vallejo City Attorney)
Facts
Joseph and Jeannie Ledesma filed a civil rights lawsuit against the City of Vallejo and individual police officers in relation to an incident that occurred on Dec. 8, 2015, when Vallejo Police Officers Robert Demarco and Amanda Blain were dispatched to a call for service at the home of Joseph and Jeannie, in Vallejo, California.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that by the time the officers arrived at the Ledesma home, the disturbance had resolved and the officers had no lawful reason to remain on the Ledesma property. Instead of leaving the Ledesmas' property, plaintiffs contended that Officer Demarco tasered the Ledesma family dog. They further contended that when Joseph questioned Officer Demarco's actions, the officer struck him numerous times with a metal baton. Plaintiffs contended that during the incident, Defendant Blain tased Joseph multiple times and threatened Jeannie.
Plaintiffs contended that as a result of Officer Demarco's excessive force, both of Joseph's arms were broken and Jeannie was emotionally distressed.
DEFENDANTS' CONTENTIONS: Defendants contended that as the officers were wrapping up at the Ledesma home, two large pit bulls suddenly emerged and charged toward Officer DeMarco. Officer DeMarco discharged his Taser at one of the pit bulls, causing it to run away. Defendants contended that Joseph became enraged, advanced on Officer DeMarco in a fighting manner and took a swing at him. Defendants contended that Officer DeMarco hit Joseph's arm with his baton and Officer Blain deployed her Taser. Defendants claimed that Joseph fell to the ground but continued to be combative and failed to comply with commands to turn over, resulting in additional strikes with the baton and uses of the Taser in drive stun mode.
Result
The parties reached a settlement agreement with no admission of liability. The City agreed to pay plaintiffs $175,000 to settle all claims.
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