Facts

Plaintiff Maliek Rosier alleged that Huntington Beach Police Department Officers Matthew Reza and Alexander Durham falsely arrested him and used excessive force against him on June 24, 2018. That evening, the officers were clearing the beach after the 10 p.m. curfew, when they came upon plaintiff and his group of acquaintances sitting on a lifeguard tower. After the officers informed the group of the curfew and ordered them to leave, most of the group began to collect their belongings and head to the parking lot. Plaintiff however, did not comply. One of the officers noticed he was holding an open beer in his hand and told him it was not permitted to have an open container of alcohol on the beach. Plaintiff said a curse word and began to walk, not toward the parking lot and the remainder of his group, but toward the water line. The officers then told plaintiff he was under arrest. In response, he told them he was not going to jail.

By this point, the officers also noted a glass bottle of Jack Daniels in his front sweater pouch pocket, which they were concerned could be used as a weapon.

Plaintiff refused to comply and resisted the officers' efforts to place him in handcuffs. Plaintiff was a college football player and very strong.

Plaintiff was taken to the ground, but he continued to resist the officers for several minutes, aided by the slipperiness of the damp uneven sand. As a result, Officer Reza applied a carotid restraint hold, which caused Rosier to pass out. As he was unconscious, the officers were able to handcuff plaintiff and take him into custody. Immediate medical treatment was provided, and plaintiff was booked into custody following his release from a local hospital.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the officers used excessive force in effectuating his arrest. Plaintiff contended that the carotid restraint hold was a choke hold and was used to suffocate plaintiff after he was already handcuffed. Plaintiff also challenged the legitimacy of the carotid restraint hold given the risks associated with it.

DEFENDANTS' CONTENTIONS: Defendants contended that plaintiff actively resisted arrest, and that the two officers struggled to handcuff him. In order to eliminate the threats posed by plaintiff to the officers, the carotid restraint hold was used, causing plaintiff to pass out.

Settlement Discussions

Plaintiff's only demand pre-trial was for $250,000.

Damages

Plaintiff's counsel chose to waive his past economic damages during trial, but requested $500,000 in emotional distress damages.

Injuries

Plaintiff claimed injuries to his neck and eyes as a result of the force used. He also claimed significant psychological injuries and emotional distress.

Result

The jury delivered a defense verdict.

Deliberation

seven hours

Poll

8-0

Length

five days