Facts

On April 10, 2015, plaintiff Travis Hall, 23, was in a gold-colored Volvo with friends. San Francisco Police Dept. Officers Joshua Cabillo, Giselle Talkoff, and Sgt. Anthony Montoya, were patrolling the Mission District in an unmarked vehicle after midnight. As the officers drove down McCoppin Street, they observed the Volvo and pulled up behind it.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was in a parked car with his friends when undercover officers pulled up behind the vehicle and began aggressively and unjustifiably questioning plaintiff and his friends. Plaintiff claimed that he was singled out because he was African-American. The officers then dragged plaintiff from the vehicle, refusing to explain the reason for the stop or detention. Plaintiff claimed the officers beat him when he tried to call his mother for help. Plaintiff was arrested for pretextual reasons and forced to spend the night in jail even though he had committed no crime.

Plaintiff asserted causes of action for violation of 42 U.S.C. section 1983-excessive force in violation of the Fourth Amendment, violation of 42 U.S.C. section 1983-unreasonable search and seizure and unlawful arrest in violation of the Fourth Amendment, violation of California Civil Code section 52.1 (Bane Act), and false arrest and imprisonment.

DEFENDANTS' CONTENTIONS:
Defendant officers contended they drove down McCoppin St., where they observed a gold Volvo driving in front of them suddenly pull over to the curb. The officers did not initiate a traffic stop, but did pull up behind the Volvo to initiate a consensual encounter. As the officers approached the vehicle, they claimed, they had their SFPD badges clearly displayed on the outside of their clothing. Officer Talkoff approached the passenger side of the vehicle, where she noticed the rear window was open and she could smell marijuana. Accordingly, Officer Talkoff initiated an investigatory detention by illuminating the right rear passenger, Hall, with her flashlight and asking him for his identification. Plaintiff stated that his identification was in his pocket, but instead of providing his identification, plaintiff testified at his deposition that he picked up his cellphone and started dialing a number. Officer Talkoff ordered plaintiff to put his phone down. Plaintiff yelled that he was scared and needed to call his mom. Officer Talkoff told plaintiff that he could call his mother after her investigation and that he needed to stay off his phone. Plaintiff conceded at his deposition that he disregarded her order and continued to use his phone. During her interaction with plaintiff, Officer Talkoff believed plaintiff was intoxicated because he had red and watery eyes and smelled of alcohol. At his deposition, plaintiff admitted that he had consumed alcohol and smoked marijuana prior to his interaction with the officers. Failing to comply with repeated orders to put his phone away, plaintiff delayed and obstructed the officers from performing the investigation.

Defendants contended that because plaintiff continued to ignore Officer Talkoff's orders to put his phone away, Officer Talkoff opened the car door and attempted to seize his phone. Plaintiff testified that he pulled away from Officer Talkoff and continued to try to use his phone. Officer Talkoff proceeded to grab plaintiff's right arm and pull him from the vehicle. Plaintiff physically resisted Officer Talkoff and continued to resist her efforts to seize his phone. Sgt. Montoya then assisted Officer Talkoff in attempting to force plaintiff to the ground, so they could arrest and handcuff him. Plaintiff physically and verbally resisted. After Officer Talkoff used a department trained and approved bent arm control hold, plaintiff complied with her order to turn onto his stomach. The officers were then able to handcuff plaintiff. When Officer Talkoff sat plaintiff up, she noticed small abrasions on his left cheek and above his right eyebrow. Officer Talkoff's search of plaintiff revealed a small container with two buds of marijuana in his pants pocket. Plaintiff denied having a medical marijuana card. Accordingly, plaintiff was booked on charges of marijuana possession, resisting/delaying/obstructing a police officer, and public intoxication.

Defendants claimed plaintiff resisted Officer Talkoff's verbal instructions to stay off his phone and physically resisted the officers' attempts to take physical control of him after he refused to do so. The officers contended they utilized department trained and approved physical control techniques to arrest and handcuff plaintiff at the scene. The officers used only as much force as was necessary to detain, effectuate the arrest, and transport Hall to the station.

Injuries

Plaintiff sustained minor abrasions and soft issue injuries. Defendants contended plaintiff's injuries are consistent with the struggle described by the officers.

Result

Plaintiff settled with the City and County of San Francisco for $40,000.

Other Information

FILING DATE: Sept. 9, 2015.