Jose Ortiz, Sophia Sanchez, Moises Ortiz v. City of Oakland, City of Oakland Police Officer Hammond
Published: Mar. 22, 2005 | Result Date: Nov. 18, 2004 | Filing Date: Jan. 1, 1900 |Case number: RG03110253 Verdict – $482
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Facts
The police were called by a neighbor who lived across the street from the Ortiz family. This neighbor, who had called in at least 25 false police reports within the previous calendar year, reported a fight between Jose Ortiz and his son, Moises and further reported that at some point, either Jose Ortiz or Moises Ortiz was "beating the mother" (Sheri Ortiz who was not party to this suit). The officers who responded testified that there was no indication that an altercation had taken place and the plaintiffs denied that there had been one or that any of them had been drinking. Jose Ortiz did not refuse to talk to the officers separately. The suit was filed because the officers ran into the Ortiz's front yard and immediately took Moises Ortiz to the ground. Jose Ortiz was allegedly detained for attempting to interfere with the officer in his use of force on Jose Ortiz's son, Moises. The officers contended that Sophia Ortiz was intoxicated. The evidence introduced by the plaintiffs contradicted that contention. Jose Ortiz did not claim he was choked and that his wrist was fractured. The defendants did not dispute the injuries because the medical reports established that he was, in fact, choked and that his wrist was fractured.
Settlement Discussions
There had been a mediation which was adjourned with no finite demand being made and a later unsuccessful settlement conference, again, with no formal demand made.
Damages
The plaintiffs sought $100,000.
Injuries
Jose Ortiz claimed he was choked by the officers and that he fractured his wrist. The defendant did not dispute his injuries. Moises contended that he suffered soft-tissue injuries, which the defendant disputed. Sophia claimed that the officers slammed her face onto the hood of the patrol car, which the defendant also disputed.
Result
The jury found the defendant 50 percent liable for Moises Ortiz's claim and not liable for the claims of Jose Ortiz and Sophia Sanchez. The total verdict as to Moises Ortiz was $241.
Deliberation
four hours
Poll
11-1
Length
two weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390