Caroline G. Hoese v. City of Menlo Park, Joshua Adams Venzon, Jeffery Kenneth Vasquez and Timothy Brackett
Published: Oct. 23, 2020 | Result Date: Feb. 12, 2020 |Case number: 3:18-cv-04499-TSH Settlement – $50,000
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Nashaun L. Neal
(PLC Law Group APC)
Defendant
Nicolas A. Flegel
(Jorgenson, Siegel, McClure & Flegel, LLP)
Facts
Caroline Hoese was in a friend's car traveling down Carlton Avenue in Menlo Park. Hoese was a passenger in the vehicle, which was pulled over by a police officer. Another officer arrived at the scene while Hoese was being questioned. Both Hoese and the driver were taken into custody. Hoese sued the officers, their employer, and the City of Menlo Park after his release from custody.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants grabbed her wrist after questioning her at the scene and dragged her across some nearby grass. Plaintiff was placed on her knees and handcuffed. She further contended that one officer made sexual advances toward her on the way to the station. Plaintiff contended that she was not notified or warned of her arrest and that the officers did not have probable cause to investigate anything other than the traffic stop at the time.
DEFENDANTS' CONTENTIONS: Defendants contended that there was probable cause to stop the vehicle plaintiff was in because of the speeding and erratic driving. Plaintiff and the driver were not compliant at the scene, refusing to leave the vehicle, therefore officers exerted appropriate force in the situation. Plaintiff was only handcuffed after charging at the officers at the scene and video evidence suggested that defendants' interactions with plaintiff were professionally executed with efficient communication.
Result
The city agreed to pay plaintiff $50,000 to settle the claims against defendants and also paid plaintiff $23,000 in fees and costs.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390