Facts

In 1998, while driving on Branham Lane in San Jose, attorney David Tuttleman was pulled over by San Jose Police Dept. officers for a license plate violation. Tuttleman, 48, got out of his vehicle and approached the officers who were still in their cruiser. At that time, officers Anthony Luisi and Ronald Bays got out and attempted to do a pat-down of Tuttleman. Tuttleman was then arrested for assaulting and obstructing a police officer. Tuttleman was eventually only charged with committing a traffic violation. He pleaded no contest to that charge. Tuttleman filed a lawsuit against the officers, the San Jose Police Dept. and the City of San Jose, claiming his civil rights were violated. The San Jose Police Dept. was dismissed from the lawsuit.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that after he exited his vehicle, the officers asked him to place his hands over his head. At that time he asked them "what the hell for?" One of the officers then responded by kicking the plaintiff, forcing him down and handcuffing him. The plaintiff's complaint alleged that the officers used excessive force against him and falsely arrested him. The plaintiff also claimed that he did not assault Officer Luisi and according to the plaintiff's expert, the officer falsely claimed he suffered injuries to his face.

DEFENDANTS' CONTENTIONS:
The defendants claimed that the plaintiff was forced down on the ground because he struck one of the officers, Officer Luisi, in the face during the pat down. The circumstances of the altercation therefore required the officers to restrain the plaintiff. Officer Luisi was treated by a physician after the altercation. The physician testified that the plaintiff suffered from bruises to his knee, a strained bicep and a mild injury to his cheek.

Result

Defense verdict.

Deliberation

three hours

Poll

8-0

Length

four days