Facts

On Oct. 29, 2003, at approximately 11:15 p.m., plaintiff Zameer Riaz Azam was driving a rental pickup from San Ramon to his home in Dublin. Azam's girlfriend, 21-year-old Jennifer Bascom, was in the truck as well. They were stopped by defendant Contra Costa County deputy sheriff Mark Johnson, who ultimately arrested Azam for violation of a restraining order mandating that he remain at a minimum of 100 yards from Bascom. Azam spent one and a half days in jail. He was released after it was discovered that the restraining order containing the stay-away provision had been superseded by subsequent orders.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that he informed defendant that the restraining order had been superseded and that he had the current order in his possession but that defendant refused to permit him to retrieve the paperwork. The plaintiff also claimed he was sexually assaulted while in jail.

DEFENDANT'S CONTENTIONS:
Officer Johnson was informed of the stay-away provision by dispatch and the terms were confirmed with the Alameda County Sheriff's office. Plaintiff alleged he had a copy of a modified restraining order in his locked briefcase, but he refused to allow officers access to the briefcase. Officer Johnson and two other San Ramon police officers were unable to persuade plaintiff to allow them access to the alleged document.

Result

Verdict in favor of the defense.

Other Information

FILING DATE: May 6, 2005.