Morgen Johnson, Zana Licht v. County of San Diego, Richard Meharg, Kenneth Feistel, and Does 1 through 20
Published: May 21, 2016 | Result Date: Feb. 1, 2016 | Filing Date: Jan. 1, 1900 |Case number: 3:14-cv-00616-LAB-KSC Verdict – $600,000
Court
USDC Southern District of California
Attorneys
Plaintiff
Thomas E. Robertson
(Law Offices of Thomas E. Robertson)
Michael R. Marrinan
(Law Offices of Michael R. Marrinan)
Defendant
Ronald C. Lenert Sr.
(Office of the San Diego County Counsel)
Joseph T. Kutyla
(Joseph T. Kutyla, Esq.)
Facts
Plaintiffs Morgen Johnson, Zana Licht, husband and wife, filed a civil rights lawsuit against defendants County of San Diego,and Deputies Richard Meharg, and Kenneth Feistel, pursuant to 42 U.S.C. Section 1983.
Zana Licht was dismissed as a plaintiff.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that County of San Diego Sheriff's Deputies Meharg and Feistel responded to an "unknown trouble" call at plaintiff's residence. Plaintiff contended he was upset with himself and was yelling and breaking things at his home-office. The deputies arrived and plaintiffs opened their garage door. Licht entered the garage and stated that everything was okay and she was not harmed. Then Johnson entered the garage wearing only a pair of shorts, and told the officers they were not needed, and should leave. Plaintiff claimed that Deputy Meharg then rushed at him, grabbed him, and took him to the ground. Plaintiff claimed he sustained facial injuries from his face hitting the cement floor. Plaintiff also claimed that Deputy Meharg punched and kicked him in the face and ribs.
Plaintiff contended that Deputy Feistel called the police dog on him, and was bit by the dog multiple times. Plaintiff claimed Deputy Feistel struck him with his flashlight multiple times. Plaintiff claimed the deputies attacked him and used unnecessary and excessive force. Plaintiff was arrested for violently resisting an officer, a felony. He was later tried and found not guilty.
DEFENDANT'S CONTENTIONS:
Defendants denied plaintiff's material allegations and asserted various affirmative defenses.
Damages
Plaintiff spent four days in the hospital. Plaintiff claimed he incurred $113,000 in medical bills.
Injuries
Plaintiff claimed multiple dog bites, which required numerous stitches and staples. Plaintiff also claimed facial fractures requiring surgery, fractured ribs, and a collapsed lung.
Result
The jury found that Deputy Meharg subjected Johnson to an unlawful arrest and that both deputies used excessive force. The jury awarded Johnson $20,000 in damages for false arrest and $580,000 in damages on the excessive force claim.
Other Information
Pursuant to 42 U.S.C. 1988, plaintiff was entitled to attorney fees and costs, and the parties agreed to an amount of $766,000, for a total of payment of $1,366,000. FILING DATE: March 18, 2014.
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