Facts

This civil rights case arose from an encounter between Plaintiff Mark Galvan and County of Riverside Sheriff's Department Deputies, including Deputy Robert Romero on April 8, 2019, at approximately 1:50 a.m., at Mr. Galvan's home. Earlier that evening, at approximately 12:40 a.m., deputies were dispatched to a reported domestic violence call. Deputies spoke with a witness to the alleged domestic violence who gave limited information including a description of the suspect. The deputy then noticed a vehicle attempting to leave the scene and saw a male fitting the description driving the vehicle, who was later identified as Mr. Galvan. The deputy parked next to Mr. Galvan's vehicle and alleged that the vehicle turned towards his direction and intentionally struck his patrol vehicle. After the collision, a high speed pursuit ensued, reaching speeds of over 100 mph, and deputies lost sight of Mr. Galvan.

Deputies were able to locate Mr. Galvan's residence and approximately an hour later arrived to arrest Mr. Galvan. Family members let deputies into the house. Mr. Galvan was sleeping on his bed in his room at the time. Deputy Romero entered Mr. Galvan's room with his K-9. After making no effort whatsoever to take Mr. Galvan into custody without employing a vicious K-9 attack, Deputy Romero instructed his dog to attack Mr. Galvan while sleeping in his bed. Video evidence shows the K-9 circle Mr. Galvan's bed looking for someone to attack. Mr. Galvan was obviously not a threat and not even moving. Nevertheless, Deputy Romero continued to give the K-9 commands to jump on the bed and attack - which the K-9 did as instructed. Mr. Galvan awoke to the K-9 viciously biting and clawing at his abdomen. Then, Mr. Galvan rolled off the bed and onto the floor with his hands visibly empty--but the attack continued. The K-9 then quickly bit Mr. Galvan's neck followed by latching onto Mr. Galvan's arm, shaking its head back and forth.

When taking Mr. Galvan into custody, Deputy Faulkner grabbed Mr. Galvan's hair and pulled his head back, then appears in the video to stomp on Mr. Galvan's head twice. During these uses of force, Mr. Galvan was in a prone position with his empty hands controlled by the K-9 and deputies. Yet, for no apparent reason, deputies commanded, "Stop resisting," to which Mr. Galvan repeatedly responded, "I'm not, I'm not."

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that the use of force against him, including the K-9 attack and stomps to his head, was excessive and unreasonable, particularly because he was asleep when the attack began, was unarmed, did not verbally threaten any deputies, did not resist the deputies, and did not attempt to flee. Further, the deputies had several less intrusive options available to take Mr. Galvan into custody. Plaintiff maintained the following claims for relief: unlawful entry, unreasonable detention, excessive force, unconstitutional policy, inadequate training, and ratification.

DEFENDANT'S CONTENTIONS: Defendants contended that Mr. Galvan resisted their efforts to take him into custody, fled the scene to the domestic violence call, intentionally struck a patrol vehicle in the process, initiated a reckless high-speed vehicle pursuit where deputies claimed Mr. Galvan ran several lights to elude officers, and drove dangerously without regard to others on the road. Then, after they made entry into the house, defendants claimed that Mr. Galvan failed to comply with several warnings that the K-9 would be deployed if he did not comply, and deputies claim to have seen Mr. Galvan tuck his hand underneath his body. Fearing that Mr. Galvan may have been grabbing a gun, deputies released the K-9 and took Mr. Galvan into custody.

Injuries

Mr. Galvan sustained several lacerations on his arm, neck and back from the K-9.

Result

The case settled for $475,000.