Charles Pitts v. City and County of San Francisco
Published: Dec. 4, 2020 | Result Date: Oct. 30, 2020 | Filing Date: Nov. 30, 2016 |Case number: CGC-16-555574 Summary Judgment – Defense
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Defendant
Renee E. Rosenblit
(Office of the San Francisco City Attorney)
Facts
Charles Pitts sued the City and County of San Francisco Sheriff's Department after he was arrested for causing a public disturbance while protesting the San Francisco Mayor's inauguration.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants used unreasonable force while detaining him without justification. Plaintiff was involved in a protest and did not provoke defendants as he gathered with other protesters. Though he admitted to talking back to and resisting deputies during his arrest, plaintiff contended that defendants intentionally twisted his arm and placed him in handcuffs even though he did not present a threat. Plaintiff contended that defendants' conduct constituted battery and false arrest.
DEFENDANTS' CONTENTIONS: Defendants contended that one of the deputies named as a defendant, Charles Folger, was not involved in plaintiff's detention as plaintiff alleged. Therefore Deputy Folger was entitled to summary judgment on those claims. Defendants also contended that plaintiff's detention was lawful because plaintiff resisted arrest and did not obey orders. Moreover, defendants were entitled to immunity for any of plaintiff's contentions about their conduct during the arrest.
Injuries
Plaintiff contended he suffered emotional distress from defendants' conduct.
Result
The court granted defendants' motion for summary judgment because plaintiff failed to show that defendant engaged in the alleged conduct.
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