Julio Arevalo v. City of Palo Alto, City of Palo Alto Police Department, Palo Alto Police Chief Robert Jonsen, Pal o Alto Police Agent Thomas Alan Destefano Jr., Palo Alto Police Sgt. Dujuan E. Green, Palo Alto Police Sgt. John Alaniz, Palo Alto Police Officer Nick Enberg, Palo Alto Police Officer Brian Connelly, Palo Alto Police Officer Ian Johnson, Palo Alto Police Officer Priess, Palo Alto Police Lieutenant Ben Becchetti, Palo Alto Police Department Public Safety Program Manager/Records Manage Lisa Scheff, and Does 1 thru 75, Jointly and Severally
Published: Mar. 1, 2024 | Result Date: Nov. 21, 2022 | Filing Date: Jun. 24, 2020 |Case number: 5:20-cv-04157-CRB Settlement – $150,000
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Samuel J. Gordon
(The Gordon Law Group)
Defendant
Jon Allen Heaberlin
(Rankin Stock Heaberlin)
Mark E. Davis
(Davis & Young APLC)
Eric J. Bengtson
(Davis, Bengtson & Young APLC)
Steven B. Dippell
(Davis & Young APLC)
Dale L. Allen Jr.
(Allen, Glaessner, Hazelwood & Werth LLP)
Kevin P. Allen
(Allen, Glaessner, Hazelwood & Werth LLP)
Todd H. Master
(Howard, Rome, Martin & Ridley LLP)
Facts
On July 10, 2019, Julio Arevalo was in front of Happy Donuts when he was approached by Palo Alto police officer Thomas DeStefano. A scuffle ensued and Arevalo filed a civil rights lawsuit against the City of Palo Alto and others for the injuries he sustained.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that when he tried to walk away, defendant DeStefano followed and grabbed him. After a brief struggle, defendant DeStefano flipped plaintiff onto the ground, shattering his orbital bone. Thereafter, he was denied proper medical care, only being taken to the hospital when his face began swelling during the booking process.
DEFENDANTS' CONTENTIONS: Defendants denied all material contentions, noting that defendant DeStefano believed that plaintiff was involved in a drug deal, and also suspected that plaintiff was under the influence. Moreover, officers promptly drove plaintiff to the hospital when they realized his face was beginning to swell.
Result
Without admitting liability, defendant City of Palo Alto agreed to pay $150,000 to settle plaintiff's claims.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390