Facts

This excessive force civil rights action arose from the arrest of four individuals on Jan. 7, 2015: Tyesha Calhoun, Taletha Calhoun, Jamar Calhoun, and Aizsa Anderson for obstructing, delaying, and resisting officers in violation of Penal Code Section 148.

At a little after 10:00 p.m on Jan. 7, 2015, Plaintiff Tyesha Calhoun borrowed her brother James Calhoun's Dodge Charger to drive her two teenage children (Tyzajahanae Calhoun and Tyzjon Calhoun). As she was driving, she was involved in a minor car accident at the intersection of JFK and Trautwein. Tyesha was rear-ended by Matthew Bossard, who was driving under the influence of alcohol. Tyesha called several of her family members, who were having a party a couple blocks away, to come to the scene.

Sergeant Juan Munoz and Officer Gavin Lucero responded to the scene to investigate the collision and ensure the DUI driver did not flee. When the officers ran both drivers' license information, they were advised that Tyesha was driving on a suspended license. As a result, they informed Tyesha that the car she was driving had to be towed pursuant to the Vehicle Code, which enraged Tyesha and the 6-10 family members on scene.

Sergeant Munoz and Officer Lucero attempted to calm down the crowd and explain the process, but Tyesha then changed her story claiming her sister Taletha was driving. The family demanded the release of the vehicle. Tyesha's brother, Jamar, told Tyesha to, "Get inside the car because they can't tow it with you inside." Tyesha climbed into the passenger side door and turned the ignition on as if she was going to drive the vehicle away to prevent the officers from towing the vehicle. Sgt. Munoz opened the door and attempted to turn the vehicle off, which resulted in minor lacerations to Sgt. Munoz' hands.

As Tyesha and Sgt. Munoz were inside the vehicle, Tyzjon started yelling obscenities at the officers and came around the front of the car in an attempt to charge at the officers. Tyzjon admitted he took three steps into the street toward Officer Lucero, who ordered Tyzjon back while hovering his right hand over his firearm holster. Twenty-four-year-old Jamar Calhoun admittedly became defensive of his nephew Tyzjon and also started yelling obscenities at the officers and challenging them to fight as other family members held him back.

When backup arrived, Sgt. Munoz asked for Jamar to be arrested, which enraged the family again. Taletha, Tyesha, and Aizsa Anderson started screaming at officers while trying to physically prevent them from handcuffing Jamar. Sgt. Munoz informed Tyesha that she was under arrest as he reached out and took hold of her right wrist. Tyesha immediately began to pull away from Officer Munoz while walking backwards in an attempt to break free, causing her to bend over. As Tyesha was violently swinging her left arm towards Sgt. Munoz, he was only able to grab her right wrist and the back of her hair to regain control of her. As Tyesha continued to try to pull and twist away, she sustained a tibial plateau fracture to her left leg before going to the ground.

PLAINTIFF'S CONTENTIONS: Plaintiffs alleged that the officers committed a battery on them, violated the Bane Act, and negligently used excessive force to effectuate their arrests.

DEFENDANT'S CONTENTIONS: The City denied all allegations. The City contended that plaintiffs were responsible for their own injuries because plaintiffs made the decision to resist lawful arrest and the officers used reasonable force.

Injuries

Tyesha had three surgeries to her left leg over the last eight years and alleged she is no longer able to work, requires a cane to walk, and that she sustained post-traumatic stress disorder from that night. Taletha claimed injuries to her wrist as she was arrested that night. Tyzjon claimed he was assaulted when he was ordered back and that he sustained emotional distress from watching his family being arrested.

Result

Defense verdict

Deliberation

three days

Length

four weeks