Facts

Tommy Franks was delivering a load to the WinCo Foods grocery store in Apple Valley, California. After parking his truck in the loading dock, Franks walked to the front of the store to notify management of the delivery. After leaving the store, San Bernadino County Sheriff's Department deputies approached Franks in their patrol car. Franks was handcuffed and placed under arrest. After his release, Franks was criminally prosecuted for resisting, delaying, or obstructing a peace officer in the lawful performance of his or her duties. The court dismissed the case due to insufficient evidence.

Franks subsequently brought an action against the County of San Bernadino; Tyler Loup, a sworn peace officer and deputy sheriff with the County's Sheriff's Department; and DOES 1-10, unidentified deputy sheriffs and supervisory personnel within the Sheriff's Department.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the officers told him he was loitering and asked for identification, which he refused. Plaintiff was then unlawfully handcuffed and placed under arrest for refusing to identify himself. Plaintiff verbally protested his false detainment and arrest and the handcuffs were so tight that plaintiff's wrists were in excruciating pain. Plaintiff argued that the use of excessive force was done in retaliation to plaintiff's verbal protests. Plaintiff contended that there was not any reasonable suspicion of any criminal activity afoot nor was there any reason to initiate contact with plaintiff. Plaintiff further argued that it would be patently obvious to anyone that plaintiff was working his job and had a legitimate reason to be walking behind the store to perform his job, as defendants could see the manifest on the clipboard being held in plaintiff's hand and the name of plaintiff's employer (which was the same company emblazoned on the side of plaintiff's 18-wheel truck).

Plaintiff asserted claims for violation of federal constitutional rights under color of state law; unreasonable seizure of person under the Fourth Amendment of the United States Constitution; use of unreasonable force upon person under the Fourth Amendment; violation of right to free speech under the First Amendment; and a Monell claim based on the governing body defendants' failure to train.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

A federal jury awarded Franks $375,000 for exemplary damages stemming from his wrongful arrest, with the potential for more damages. Thereafter, the San Bernardino County Board of Supervisors approved a settlement with plaintiff totaling $500,000.