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Civil Rights
Police Misconduct
Excessive Force

Dacari Spiers v. City and County of San Francisco, and Does 1-50 individually and in official capacities as Police Officers for the City and County of San Francisco, inclusive

Published: Mar. 4, 2022 | Result Date: Feb. 13, 2022 | Filing Date: Feb. 24, 2020 |

Case number: 3:20-cv-01357-JS Settlement –  $700,000

Judge

Jacqueline S. Corley

Court

USDC Northern District of California


Attorneys

Plaintiff

Curtis L. Briggs
(Seville Briggs, LLP )

Michael R. Seville
(Seville Briggs, LLP )

Jamir A. Davis
(J. Davis Law Firm, PLLC )


Defendant

Raymond R. Rollan
(Office of the San Francisco City Attorney)


Facts

On October 6, 2019, San Francisco police officers, Terrance Stangel and Cuauhtemoc Martinez, responded to a 911 call from a woman who was alleging that a man was choking and dragging her near Fisherman's Wharf. According to Stangel and Martinez, they found Dacari Spiers, an African American, and his girlfriend, Breonna Richard, and approached them. Stangel's body camera footage then shows Stangel beating Spiers' legs and wrist eight times with his baton. Spiers filed suit against the City and County of San Francisco and several others including Officers Stangel and Martinez.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff Spiers alleged that the two SFPD officers suddenly grabbed him and beat him with their batons as he was hugging his girlfriend. His girlfriend's wallet had been stolen that day and he was consoling her as they leaned on their parked car. According to Spiers, the police fabricated a domestic violence story concerning himself and his girlfriend. He also accused the officers of obtaining an emergency protective order that prevented his girlfriend from visiting him in the hospital while he was recovering from his injuries. An officer threatened him at the hospital, demanding that he not testify or press charges. Also at the hospital, Spiers argued that he and his girlfriend were yelling at the police, not at each other. Spiers' legal theories included: unconstitutional excessive force, assault, emotional distress, negligence, and inadequate training and supervision of police by the city.

DEFENDANTS' CONTENTIONS: Defendants, including the police officers, stated that they were in the area because witnesses had reported that a man was choking a woman. They alleged that a different scenario was taking place between Spiers and his girlfriend, that of a domestic violence situation. Moreover, according to statements Spiers made to the paramedics, which is caught on the body camera, Spiers states that he saw "someone who looked Asian" get out of the car and "he immediately arrested" Spiers. Defendants also noted that Spiers' story had other contradictory statements and the body camera footage showed Spiers resisting arrest. Finally, at the hospital, Spiers yelled and cursed at a nurse and also engaged in a screaming match with his girlfriend.

Injuries

Spiers says his leg and wrist were severely broken, both of which required surgery. He also had a large laceration on his other leg. According to Spiers, the injury on his wrist occurred when he tried to protect his face from the baton strikes.

Result

The City of San Francisco authorized a settlement for $700,000.

Other Information

In a separate, but related matter, the District Attorney's Office has charged Stangel with battery, assault with a deadly weapon, assault likely to cause great bodily injury, and assault under color of authority for beating Spiers.


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