Facts

On May 31, 2012, plaintiff Felix Sanchez was stopped while in his vehicle by defendant Hawthorne Police Department officers Jose Gomez and Sarah Lewis, on the basis of traffic violations. Officer Gomez ran plaintiff's license plate and determined that plaintiff had an outstanding arrest warrant for failing to appear in court. Officer Gomez asked plaintiff to exit his vehicle and arrested him.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he suffered a fractured left hand during the arrest as a result of the officers' alleged excessive use of force.

DEFENDANTS' CONTENTIONS:
Defendants contended that the plaintiff was asked to exit the vehicle and was handcuffed with his hands behind his back. Officers Gomez and Lewis walked plaintiff to an adjacent sidewalk, then toward a patrol car. Defendant contended plaintiff fell from the sidewalk into the street. Defendant officers determined that plaintiff was intoxicated while driving. Defendants contended that plaintiff refused a Breathalyzer test, and refused a blood alcohol test.

Defendants claimed that plaintiff did not suffer the broken hand in the manner alleged, and the fracture was not caused by defendants' actions or conduct. Defendants also claimed that any alleged force used during plaintiff's arrest was reasonable.

Result

Summary judgment granted in favor of the defense.

Other Information

According to plaintiff, a motion under FRCP Rule 52 for additional findings on the motion for summary judgment is currently pending, and due to be heard on Apr. 28. FILING DATE: April 10, 2013.