Titus Rucker v. County of Santa Clara, Chief of Correction Edwards Flores, individually and in his official capacity as Chief of Correction for the County of Santa Clara, Jose Villagomez, D. Woods, Michelle Asban, Rosas, Duran Durante, Schulz, Clark, Bailey, K. Asban, Osban, Foksey, Guerra, individually and in their official capacity as correction
Published: Nov. 17, 2007 | Result Date: Jun. 3, 2007 | Filing Date: Jan. 1, 1900 |Case number: C06-01223 Settlement – $185,000
Court
USDC Central
Attorneys
Plaintiff
John L. Burris
(Law Offices of John L. Burris)
Adanté Pointer
(Pointer & Buelna LLP)
Defendant
Mark F. Bernal
(Office of the Santa Clara County Counsel)
Ann M. Ravel
(Renne Public Law Group)
Facts
On Dec. 29, 2005, plaintiff, a 71-year-old veteran, claimed he was brutally attacked, restrained and abused while held in custody in the Santa Clara County Jail. Plaintiff sued the county, Chief of Corrections Edward Flores, and other corrections officers for violations of his civil rights and excessive force.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff's counsel contended that corrections officers slammed plaintiff to the ground, gouged his eyes, punched and kicked him in the torso and face and forced him into a restraint chair. Plaintiff was denied his medications for three days, and claimed that the officers spilled his medicine on the floor.
DEFENDANT'S CONTENTIONS:
Defense counsel contended that plaintiff was uncooperative during intake and tried to grab a correction officer's arms while being fingerprinted. Defense counsel further contended officers followed proper procedure in restraining plaintiff, diffusing a potentially violent situation. Several officers were injured and sustained injuries in the effort to restrain plaintiff.
Injuries
Plaintiff claimed inferior orbital fracture, temporarily impaired vision, a fractured nose, and acute shoulder strain. He also claimed severe emotional distress and chronic back pain aggravated from the attack. Defendants denied that plaintiff's injuries beyond his facial fracture were from the county jail incident.
Result
County of Santa Clara settled with Rucker for $185,000.
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