Facts

On Feb. 12, 2009, plaintiff Thomas Valverde had been drinking in the vicinity of the 9700 block of Campo Road in Spring Valley. At about 4 p.m., Deputy Sheriff Joshua Arend was on patrol when he observed plaintiff lying on the sidewalk with two people standing over him. When he stopped to check on the situation, he learned from one of the individuals that plaintiff had been in a fight and had been knocked unconscious. Arend called 9-1-1. When paramedics arrived, plaintiff, who apparently was intoxicated, became combative and refused to be secured to the gurney. Emergency medical response protocol requires that a person who has suffered a head injury of this nature, and who is disoriented, is not to be considered competent to decline medical treatment and must be transported to a hospital.

Deputies tried to hold plaintiff so that paramedics could secure him to the gurney. Plaintiff cursed at paramedics and kicked. Because of the potential emergency due to the head injury, where bleeding on the brain can cause death in minutes, Deputy Weber used a Taser in stun mode three times in order to stop plaintiff from kicking at paramedics. After the third time, plaintiff complied, was successfully secured, sedated and transported to the hospital.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was refusing medical treatment and there was no right to force him to go to the hospital, that he was not intoxicated or violent and that the TASER was used four times while he was fully strapped to the gurney, constituting excessive force

DEFENDANT'S CONTENTIONS:
Defendants contended that plaintiff was intoxicated and not free to leave; that he was violently resisting the efforts of paramedics who requested assistance from deputies to secure him to the gurney for immediate transport to a trauma center for treatment of a potentially life-threatening head injury. They further contended that the use of the TASER in stun mode three times for pain compliance only was reasonable and necessary under the circumstances.

Injuries

Plaintiff complained of scarring from TASER burns, pain and suffering, emotional distress.

Result

Defense verdict.

Other Information

FILING DATE: Feb. 2, 2010.

Deliberation

2.5 hours

Length

three days