Facts

On July 8, 2016, Gregory McNally was on the bridge connecting the train and the stairs at the Fashion Valley Metropolitan Transit System transit center, in San Diego, where he was approached by plainclothes detectives with the San Diego Police Department. They ordered him to raise his hands and lower himself to the ground, then pepper sprayed him in the face and slammed him to the ground. The detectives had originally gathered outside the station when a cell-phone charger fell from the platform above them and landed near them, making a loud noise. After McNally had been handcuffed, another person admitted to throwing the phone charger. McNally was charged with resisting arrest and public intoxication, however the charges against him weren't filed. McNally then sued detective Riis, seeking compensatory and punitive damages.

PLAINTIFFF CONTENTIONS: Plaintiff contended that defendant used excessive force and committed a false arrest in violation of McNally's civil and constitutional rights.

DEFENDANT CONTENTIONS: Defendant contended that police feared for their safety when they heard a cell-phone charger fall near them and acted appropriately.

Result

After trial, the jury found Riis' actions constituted malice and oppression, making him liable for punitive damages. They awarded McNally a little over $1.5 million in damages. The City of San Diego then agreed to settle the case for $2.5 million, including attorney's fees and costs.