Gonzalo Manzo Jr. v. James Fogata, John Coffelt, Joey delos Reyes
Published: Jan. 22, 2003 | Result Date: Nov. 6, 2002 | Filing Date: Jan. 1, 1900 |Case number: CV0105718SVW Verdict – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Kevin M. McCormick
(Lowthorp, Richards)
Experts
Defendant
Van Ness H. Bogardus III
(technical)
Facts
The plaintiff, a 19 year-old male, was in the process of being chased by police officers from the scene of a burglary. The officers ordered the plaintiff to stop, remove his hands from his pockets and get on the ground. The plaintiff allegedly refused. A police K-9 dog was used and the plaintiff was apprehended. The plaintiff subsequently filed the subject suit. The plaintiff sued, initially, two officers who were later dismissed before trial, but the court allowed the plaintiff to amend the complaint to name the dog handler.
Damages
The plaintiff submitted a demand of $50,000; there was no offer.
Injuries
The plaintiff contended that he suffered numerous bite marks and wounds as well as emotional distress. He did not seek medical treatment but sought general and punitive damages. The defendant argued that there was only one bite and that the result of the bite was a minor scratch on the plaintiff's left arm. The minor wound, the defendant argued, was evidence of the minimal amount of force used to apprehend the plaintiff.
Other Information
Prior to jury selection, a pretrial motion to strike the false arrest allegations against the defendant was granted, since the use of the dog to apprehend the plaintiff was a detention and not an arrest. The defendant has indicated that a motion to tax costs will be filed.
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