Anthony Sung Cho v. City of San Jose, Matthew Rodriguez, Tyler Moran, Steven Gaona, Zachary David Preuss, and Does 1-10, inclusive
Published: Aug. 9, 2024 | Result Date: Mar. 7, 2023 | Filing Date: Jul. 16, 2021 |Case number: 5:21-cv-05503 Settlement – $200,000
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Jaime A. Leanos
(Law Office of Jaime A. Leanos)
Defendant
Benjamin A. Johnson Jr.
(Office of the San Jose City Attorney)
Facts
On July 18, 2020, City of San Jose police officers were alerted to a stolen vehicle located at a gas station. Four officers responded, observing the alleged stolen vehicle at that location. Anthony Cho was sitting in the driver's seat of the vehicle, fleeing on foot when pursued by the officers. Cho tripped and fell, and was taken into custody. Cho thereafter sued the officers and the City for civil rights violations.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff asserted that defendant officers' use of baton strikes, body weight, and kick to his head was excessive force given that he had raised both hands to signal his surrender while being in a seated position prior to the force used. Video from the defendant officers' body-worn camera confirmed his surrender action.
DEFENDANTS' CONTENTIONS: Defendants denied all material allegations, asserting they fully complied with all applicable laws.
Result
The case settled for $200,000.
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