Facts

Plaintiff, Michael C. Lee, was a defensive corner back on the 90-man practice squad of the San Diego Chargers. Lee was intoxicated and standing outside of a nightclub when security guards asked him to leave the area. When he did not, the guards requested the assistance of nearby police officers, who then told Lee to leave the area or he would be arrested. After taking a few steps, Lee stopped. The officers asked Lee to put his hands behind his back as they attempted to guide his hands behind him. Plaintiff used his strength to pull his arms in front of him, resulting in a struggle in the street. The officers eventually secured handcuffs and charged him with public intoxication and resisting arrest. The City Attorney's Office did not press charges. Upon his release from jail, Plaintiff went to a hospital and was diagnosed with a fractured left humerus, which required surgery. Plaintiff was subsequently released from the Charger's practice squad. The parties disputed whether the force was excessive and whether Plaintiff would have been chosen for the Charger's Team Roster. In granting Plaintiff's motion for partial summary judgment, the district court found that San Diego Municipal Code 83.0203 was the motivation for the officers' initial contact with Lee, and that the Code was unconstitutionally vague.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants violated his civil rights when the police officers injured and arrested him, and that San Diego Municipal Code 83.0203 was unconstitutionally vague. Plaintiff contended he was deprived of the opportunity to pursue his life-long dream of playing professional football because defendants had severely injured him.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions and filed an interlocutory appeal to the Ninth Circuit Court of Appeals.

Injuries

Plaintiff claimed that he suffered emotional distress, a broken left humerus which required surgery, lost income, and significant attorney's fees.

Result

The City of San Diego settled with Plaintiff for $1,350,000.