Facts

On Dec. 5, 2009, the intoxicated plaintiff, Sean Kensinger, was driving in Eureka with two of his friends. Another motorist saw Plaintiff swerving on the highway and called 911 to report a drunk driver. California Highway Patrol Officer Jeffrey Goodwin arrested Plaintiff for driving under the influence of alcohol. Plaintiff and his companions were drunk and uncooperative during the encounter. CHP Officer Paul Craft, who had also responded to the incident, had to tase one of Plaintiff's friends in order to arrest him. At the jail, Plaintiff's two breathalyzer tests returned blood alcohol readings of .22 and .20.

Plaintiff sued Officers Craft and Goodwin, and their employer, the California Highway Patrol under 42 U.S.C. section 1983, for violating his 4th Amendment rights.

Plaintiff testified in his deposition that Officer Goodwin had not struck him, and Goodwin was dismissed on summary judgment. The CHP was dismissed on 11th Amendment grounds. The case went to trial against Officer Craft only.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that during his arrest Officer Craft struck him several times on the arm with his PR-24 police baton, injuring him.

DEFENDANT'S CONTENTIONS:
The defense contended that no one struck Plaintiff.

Settlement Discussions

Just prior to trial, plaintiff demanded $75,000. Defendants made no offer.

Damages

Plaintiff claimed that the blows from Craft's baton resulted in tendonitis in his elbow. He also claimed severe emotional distress.

Result

Defense verdict.

Other Information

Defendants filed motions for recovery of attorneys' fees under 42 U.S.C. section 1988, and for sanctions against Plaintiff's attorneys under 28 U.S.C. section 1927, on the grounds that the action was unfounded and frivolous. EXPERT TESTIMONY: Defense expert Dr. Emily Keram testified that Plaintiff had a long-standing severe personality disorder characterized by paranoid delusions. Defense expert Dr. Kevin Harrington testified that the photos of his arm that Plaintiff claimed was taken two days after the incident actually showed injuries that were already one to three weeks old. FILING DATE: Feb. 24, 2011.

Deliberation

seven hours

Poll

8-0 (defense)

Length

five days