Facts

On November 29, 2018, San Jose police officers approached a dark homeless encampment as part of a "community policing foot patrol" in search of trespassing and illegal camping. Plaintiff Nicholas Robinson stood close by with a flashlight and a body camera. When the officers saw Robinson, he remained on the sidewalk and did not walk toward them. As the officers approached Robinson, he shined the flashlight directly at the officers' eyes. The officers then ordered him to turn his flashlight off and leave the area, but Robinson did not comply, explaining to the officers why he would not leave. After Robinson gestured toward the encampment and toward the officers again using his flashlight, Officer Dote attempted to take the flashlight. The officers engaged in a takedown maneuver to force Robinson to the ground. Officers Dote and Petterson grabbed both of Robinson's arms and placed him in a rear wrist-lock hold without telling him that he was under arrest. Once Robinson was on the ground, Officer Petterson had a knee on Robinson's leg and held Robinson's hands behind his back, as Officer Kulik placed Robinson in handcuffs. Robinson complained of pain, stating that his left arm was injured, and he needed to go to the hospital. Another officer, Officer Ikeuchi, radioed to request emergency medical services for Robinson. The officers ultimately arrested and booked Robinson under California Penal Code Section148(a)(1) for resisting, interfering, or delaying a public officer's duties.

PLAINTIFF'S CONTENTIONS: Plaintiff Robinson contended that he was shining the flashlight because it was dark and could not see. He maintained that the officers held and lifted his arms above his head, breaking the upper arm bone that connects to the shoulder. Specifically, he brought claims under 42 U.S.C. Section 1983 for excessive force, denial of medical care, and substantive due process against the City of San Jose, and the individual officer defendants Ryan Dote, Jaime Kulik, and Nicholas Petterson. Robinson also brought "Monell" liability claims under 42 U.S.C. § 1983 for ratification, inadequate training, and unconstitutional custom, practice, or policy against the City of San Jose.

DEFENDANT'S CONTENTIONS: Defendant the City of San Jose denied all contentions. The officers alleged that Robinson's behavior towards them was hostile, as evidenced by the police department's filing of a restraining order against Robinson on December 7, something the department rarely pursues. Not only did the San Jose Police Department file the restraining order against him, so too did the San Jose Police Officers' Association and California Highway Patrol. As to the occurrence on the evening Robinson was arrested, the City maintained that Robinson interfered with a felony warrant arrest by shining his flashlight at the officers which prevented them from continuing their duties as officers. According to court records, Robinson has interfered with traffic stops by recording police officers with his cellphone, shining his flashlight at officers and sometimes shouting "vulgarities." Specifically, defendants Officer Petterson and Kulik moved for qualified immunity. As to the denial of medical care, defendants argued that the evidence showed the officers summoned emergency medical care shortly after Robinson complained of his arm hurting. With the substantive due process claim, defendants contended that Robinson presented no evidence to support that contention.

Specials in Evidence

$75,000 in medical bills and at least $10,000 in lost wages.

Injuries

Robinson alleged he suffered serious injuries because of the takedown maneuver, including a broken left humerus bone where his upper arm meets the elbow, potential nerve damage, a black eye, body and facial bruising, and lacerations. He also stated that he has titanium rods and screws in his arms that will need to be replaced in several years and he suffered permanent nerve damage.

Result

The parties agreed to settle for $30,000.