Facts

On May 27, 2004, defendant Officer Eric Flynn, a California Highway Patrol (CHP) officer, stopped plaintiff Glenn McCloskey, a retired firefighter, for speeding on the freeway and failure to yield. Defendants Officer Armando Arriaga, Officer Omar Morales, and Officer-in-Charge Dave Dreher, responded to the scene of the stop a short while later in response to Officer Flynn's radio request for back-up. After the stop, McCloskey was instructed to get out of his vehicle and walk to the back of his car with his hands over his head.

During the encounter, McCloskey asked why he had been stopped. After Flynn advised McCloskey why he had been stopped, McCloskey said "Why...did you stop me, I'm a firefighter,"

McCloskey was, ultimately, arrested for driving under the influence and resisting arrest and taken to the CHP Area Office. McCloskey was later convicted by a jury of violating Vehicle Code section 23152 (a) and (b) (driving while intoxicated and with a blood alcohol level of .08 or greater, respectively.) The jury, however, failed to reach a decision on the charge of resisting arrest under Penal Code section 148.

McCloskey filed suit against the officers for excessive force and false arrest.

PLAINTIFF'S CONTENTIONS:
McCloskey alleged he was not speeding or weaving on the freeway, and did not fail to yield to Flynn. McCloskey also claimed that, after he was stopped, the officers slammed his face on the ground for no reason, and forced an elbow or a baton into the back of his neck while kneeling on his back, legs, and feet. McCloskey also contended that he was not driving under the influence. He further stated that the officers at the jail did a blood test without his permission, after McCloskey had requested a urine test instead.

DEFENDANTS' CONTENTIONS:
Flynn testified that he stopped McCloskey for speeding on the freeway and failure to yield. Flynn claimed that McCloskey refused to keep his hands on the steering wheel despite repeated instruction to do so by Flynn, and threw a water bottle onto the floorboard of his car. The officers claimed that McCloskey was then instructed to get out of his vehicle and walk to the back of his car with his hands over his head. They contended that, as he walked to the back of his car, McCloskey screamed profanities, and repeatedly brought his hands down below his head. The officers contended that, when McCloskey got to the back of his car, they attempted to place him in handcuffs for his and their safety. They contended that McCloskey refused to be put into handcuffs, stating he wanted to know what he had done wrong first. The officers claimed that their repeated efforts to place McCloskey in handcuffs met with further resistance. Unsuccessful in their efforts to apply handcuffs without physical force, the officers seized McCloskey's arms and, when he resisted by turning, twisting and kicking, took him to the ground on the dirt shoulder and applied the handcuffs. The officers further contended that, while at the CHP Area Office, McCloskey consented to a blood test after being read the informed consent admonition.

Injuries

McCloskey claimed he suffered embarrassment, humiliation and emotional distress.

Result

The false arrest claim was dismissed by the court on summary judgment after McCloskey's conviction was affirmed on appeal. The jury reached a verdict for the defense on all remaining causes of action.

Other Information

FILING DATE: July 7, 2005.

Deliberation

One hour

Poll

Unanimous

Length

Four days