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Civil Rights
False Arrest
Assault and Battery

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

Richard B. Ulmer Jr.

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Pro Per


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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