Facts

On May 7, 2020, at approximately 9:00 p.m., Plaintiff, Carlos Torres, was pulled over by San Bernardino Police Department Officers for allegedly having a non-functioning taillight. A short vehicle pursuit ensued after which Mr. Torres fled on foot. Both Defendant Officers Ahmed and Hysen joined during the foot pursuit knowing there was a short high-speed pursuit on the wrong side of the road and ended when Mr. Torres struck a pole.

Mr. Torres attempted to jump over a wall to continue to flee but was unable to do so. So, Mr. Torres stopped, faced the approaching officer, and put his hands up in surrender, stating something to the effect of, "Ok, I'm done" or "I quit." After stopping, Defendant Ahmed removed his metal baton and began striking Torres - first on the leg - causing Torres to fall to the ground. Then, Defendant Hysen met with Defendant Ahmed and approached Mr. Torres while on the ground. Both Defendants then began repeatedly striking Mr. Torres with their batons. Once the officers stopped striking him, Mr. Torres rolled to his stomach in compliance. Then, while Mr. Torres was on his stomach, Defendants Ahmed and Hysen stepped on Mr. Torres' neck and lower back. Another officer commanded Mr. Torres to put his hands behind his back, to which Mr. Torres tried to comply, but was physically unable to do so because of the injury caused by the Defendants.

As he was being handcuffed, Mr. Torres stated, "Your broke my arm sir" and shouted in pain. One officer then stated to Mr. Torres, "You shouldn't have ran, big dog." After being handcuffed, Mr. Torres informed the officers that he was hurt and could not walk. Then an officer said, "You ran, you can walk." After being made to take several steps, Mr. Torres limped, shouted in pain, and told the officers that his leg was broken. Nevertheless, SBPD officers pushed Mr. Torres down the street toward the patrol vehicle, forcing him to ambulate his broken leg.

PLAINTIFFS CONTENTIONS: Plaintiff alleged that the use of force against him was excessive and unreasonable because after he stopped fleeing, he put his hands up in compliance and submission. Thereafter, the officers began striking him. At all times when being struck, Mr. Torres did not resist, did not attempt to strike any officer, and was attempting to comply. Plaintiff maintained the following claims for relief: excessive force, unconstitutional policy, inadequate training, ratification, battery, negligence, and violation of the Bane Act.

DEFENDANT CONTENTIONS: Defendants contended that Mr. Torres fled from officers, failed to comply with officer commands, then physically resisted officers, including by attempting to kick officers while he was on the ground. Because of this, Defendants contended that the use of force was appropriate.

Result

The case settled for $362,500.