Facts

On Nov. 14, 2005, at about dusk, Truckee police officers responded to a reported theft in progress at a motor home parked in a vacant dirt lot that Truckee police had cited to be towed. When officers located plaintiff Jeffrey Shook at the scene, they attempted to pat him down for weapons before determining his involvement, if any, in the reported theft. While Shook, a 42 year-old licensed contractor, claimed that he cooperated with the officers, the defendant officers claimed plaintiff turned away from them and put his hands at his side, and that while attempting to return plaintiff to a standard pat down position (i.e. hands behind his head), plaintiff ended up on his knees. It was later determined that plaintiff and his companion had been hired by the motor home's owner to have it moved and plaintiff was released without arrest.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that he cooperated at all times with officers and that he was slammed to the ground for no reason and with such force it caused him to defecate in his pants, causing injury to several discs. The plaintiff alleged that the Town of Truckee ratified the excessive force of its officers by conducting an inadequate administrative investigation and destroying a videotape of the incident.

DEFENDANT'S CONTENTIONS:
Defendants contended that plaintiff dropped his hands during the pat down and attempted to walk away from officers. They argued that plaintiff merely lost his balance and that his fall to his knees was minimal. The defendants further contended that the administrative investigation was adequate and that the missing videotape was inadvertent.

Settlement Discussions

Defendant made $30,000 in pretrial Rule 68 offer.

Specials in Evidence

$25,282

Damages

The plaintiff abandoned claims of lost earnings and emotional distress prior to trial.

Injuries

Plaintiff claimed to have suffered compressed discs, prolapsed rectum, severe aggravation to a pre-existing back condition as well as blood in his urine.

Result

Jury verdict for the defense.

Deliberation

three hours

Poll

8-0

Length

six days