Facts

Plaintiffs Rebecca Santiago, Sylvia Villa, Richard Villa, and Jorge Avitia filed suit against the U.S. government and U.S. Customs and Border Patrol Officers, Harold Matkin, Efrain Carillo, Guillermo Sandoval, Jesus Jacobo, John Bosch, Alejandro Marin, and Cesar Beltran.

On April 16, 2011, at 4 p.m., plaintiffs Rebecca Santiago, Sylvia Villa, Richard Villa, and Jorge Avitia were stuck in traffic on Virginia Ave. near the San Ysidro Port of Entry in San Diego. Traffic was backed up to the intersection on Virginia St., and plaintiffs were stopped in front of the Virginia Street parking lot used by San Ysidro Port of Entry, Custom and Border Protection employees. Defendant Matkin had just finished his shift and was trying to pull his car out of the gated lot.

PLAINTIFFS' CONTENTIONS:
Plaintiff contended that Matkin was upset that plaintiffs' car was not moving and was blocking his car from entering the street. Plaintiff claimed Matkin yelled insults at the occupants of the Suburban, and revved his engine as if he were going to ram plaintiffs' sports utility vehicle. Avitia tossed a plastic bottle, which struck Matkin's car. Plaintiffs claimed Matkin grabbed his gun and sprang from his car. Richard Villa, Santiago and Avitia also got out of their car. Richard Villa told Matkin to put away the gun, and that there were children in the car. Plaintiff Santiago's children Jasmine Santiago, age 3 and David Santiago, age 6, were traveling in the SUV as well. Plaintiff claimed Matkin pushed Villa into the back of Villa's car. Then the other Border Patrol officers, rushed to the area.

Defendants arrested Santiago, who plaintiffs contended had done nothing wrong, injuring her arm and her foot in the process. Plaintiff claimed that one of the defendants got into plaintiffs' SUV with the two small children inside and tried to grab the car keys. Defendants also tackled and arrested Richard Villa and Avitia. Plaintiff claimed the officers used so much force that they dislocated Avitia's shoulder and elbow and broke his arm.

DEFENDANTS' CONTENTIONS:
Defendants contended that although plaintiffs' were initially stopped behind other traffic on Virginia St., the SUV made a U-turn and came to a stop directly in front of the exit of the parking lot, blocking Matkin's car and several cars that were lined up behind him. Defendants contended that when the stopped traffic ahead of plaintiffs' SUV finally moved forward plaintiff did not move, despite Matkins gesturing for them to move forward. Matkin grew frustrated and yelled for plaintiffs to move their car, which they contended seemed to upset plaintiffs and Avitia threw a half-full bottle at Matkin's car.

Defendants claimed Matkin stayed in his car and plaintiff Richard Villa exited his SUV. Matkin claimed he grew concerned for his safety and exited his vehicle with his service weapon on his gun belt. Matkin claimed he believed the display of authority would deescalate the situation. However, the situation grew more aggressive and Matkin claimed he pushed Villa in an effort to create distance between them.

Plaintiffs Santiago and Avitia had also exited the SUV, prompting the other off-duty officers to approach. After the plaintiffs did not respond to verbal commands to stop going after Matkin, the officers handcuffed plaintiffs and waited for San Diego Police Department officers to arrive.

Result

The case settled for $750,000.

Other Information

FILING DATE: July 31, 2012.