Carl Edwards v. City of Vallejo, Vallejo Chief of Police Andrew Bidou, Vallejo Police Officers Spencer Muniz-Bottomley, Mark Thompson, Bretton Wagoner, Sergeant Steve Darden, and Does 1 through 10
Published: Feb. 26, 2021 | Result Date: Jan. 7, 2021 | Filing Date: Sep. 5, 2018 |Case number: 2:18-cv-02434-MCE-AC Settlement – $750,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Teresa D. Allen
(Haddad & Sherwin LLP)
Michael J. Haddad
(Haddad & Sherwin LLP)
Julia Sherwin
(Haddad & Sherwin LLP)
Defendant
Katelyn M. Knight
(Office of the Vallejo City Attorney)
Richard W. Osman
(Bertrand, Fox, Elliot, Osman & Wenzel)
Facts
A 911 call came in reporting that a man in black jeans and a white tank top was shooting rocks from a slingshot at some boys. Carl Edwards was on his own property working on his fence at the time, was not the suspect, and officers were informed he was not the suspect. When officers arrived, Officer Bottomley ordered Edwards to come to him, while Edwards continued working on his fence. Officers came onto Edwards' private property and onto his front porch, while he stood passively. Officers attacked Edwards, beating him, breaking his nose, putting him into a carotid restraint, and forcing him to the ground. Officers arrested Edwards for the felonies of aggravated assault on a child and assault on an officer.
The criminal charges were dismissed over a year later.
Edwards sued the police department and responding officers for their alleged violations.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants exerted excessive force against him. Without provocation, defendants placed plaintiff in a potentially deadly carotid restraint that rendered him unconscious. Defendants also beat plaintiff without resistance because he was in and out of consciousness. Plaintiff contended that since
defendants were not justified in the type and level of force used against plaintiff they violated his right against unreasonable search and seizure. As a result, defendants were liable to plaintiff for damages associated with that unreasonable search and seizure
DEFENDANTS' CONTENTIONS: Defendants denied the contentions but agreed to settle the claims in lieu of further litigation.
Result
The parties entered a $750,000 settlement agreement.
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