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Civil Rights
Police Misconduct
Excessive Force

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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