Danny Pina v. Allan De La Cruz, Jean Jimenez
Published: Apr. 7, 2012 | Result Date: Mar. 7, 2012 | Filing Date: Jan. 1, 1900 |Case number: 5:2010-cv-02607 Verdict – $11,000
Court
USDC Northern
Attorneys
Plaintiff
Jaime A. Leanos
(Morales & Leanos)
Defendant
Clifford S. Greenberg
(Office of the San Jose City Attorney)
Facts
On April 19, 2009, San Jose police officers Allan De La Cruz and Jean Jimenez stopped Danny Pina, who was riding a bicycle, because his bike did not have a headlamp. An altercation ensued, and Pina sued De La Cruz, Jiminez, and San Jose.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the officers misidentified him as a gang member and used excessive force. Plaintiff presented witnesses, who heard Pina asking why he was being hit.
Settlement Discussions
Defendant offered $5,000 to settle.
Injuries
Pina suffered a broken nose and a dislocated elbow.
Result
The jury awarded plaintiff $11,000 and attorney fees. The jury found that De La Cruz used excessive force.
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