Facts

Plaintiff Sean Alexander Hold filed a lawsuit against defendants the City and County of San Francisco, San Francisco Police Department, Chief of Police Greg Suhr, and officers Luis P. DeJesus, Ryan Doherty, Scott Ryan, Stephen Jonas, Ferdinand Dimapasoc, Brendan Caraway, Jose Macias, Konstantyn Ivanov, Joseph Salazar, and Joshua D. Hinds.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that around 2:00 a.m., he and a group of friends entered a parking lot where their cars were parked and that he and one of his friends began roughhousing. Plaintiff also alleged that his friend wrestled him to the ground and as another friend was helping him up a group of plainclothes San Francisco Police Officers swept in without first identifying themselves. Plaintiff claimed that when he protested, Officer Luis DeJesus punched him repeatedly in the face, then turned him over on the ground and beat him on his side with his fists and then with 14 strokes of a baton. The beating was caught on the parking lot surveillance camera.

Plaintiff alleged a violation of his Federal civil rights, unreasonable and excessive force, false arrest, filing of false reports, and negligent training, supervision, and discipline, violations of California's Bane Act, negligence (direct and vicarious), and assault and battery.

DEFENDANTS' CONTENTIONS:
Defendants contended the officers were responding to calls about street fights after the bars closed on Broadway, when they saw two men fighting in a parking lot. Hold, who is 6'2" and 250 pounds, told the officers that he and a friend were engaged in "horseplay." Surveillance video showed Hold being slammed into a car and thrown hard to the ground at least twice before police intervened to stop the fight.

Defendants claimed that as the officers reached Hold, he got up from the ground and charged a man who had been standing over him. Hold stumbled and fell to his knees, grabbing a police officer by the jacket and pulling the officer toward the ground. Defendants claimed Hold ignored the officer's commands to "let go," and to "stop resisting." The officer claimed he then struck Hold multiple times with his fists to get Hold to let go of his jacket and stop pulling on him. Defendants contended Hold then ignored commands to get on his stomach and give up his hands for handcuffing. While other officers physically attempted to wrestle Hold onto his stomach, an officer hit Hold with a baton in the legs and torso to get him to stop resisting and give up his hands for handcuffing. Hold was then handcuffed.

Defendants contended Hold was drunk and refused medical attention when paramedics were called to the scene. Despite his refusing medical attention, officers took Hold to San Francisco General Hospital for evaluation of swelling of his right wrist. X-rays confirmed he had a broken right wrist.

Injuries

Hold was taken to San Francisco General Hospital by San Francisco Police Officers. Hold claimed he sustained a concussion, a fractured right hand, which is plaintiff's dominant hand, and wrist, lacerations and bruising to his left eye, bruises to left his side and knee, and an inflamed hernia. Plaintiff claims his wrist continues to be painful at times. Plaintiff has not undergone any surgeries. The surgeries were asserted as necessary, and reasonable medical costs he would be incurring, based on estimates from plaintiff experts that were not yet disclosed at the time of the settlement.

Result

The parties reached a $210,000 settlement. The defendants also agreed to waive the San Francisco General Hospital lien of about $5,800.