Facts

On Dec. 28, 2006, plaintiff Edward Yamoah was in the parking lot of Emerald Auto working on his car when a San Francisco Police Department patrol car entered the parking lot. Kevin Healy and Jon Kasper, SFPD officers, then approached Yamoah. Yamoah stated he greeted them, and the officers told him to "shut up" in response, telling him to turn around and place his hands behind his back. Yamoah told officers that he was a recent medical school graduate and had permission from Emerald Auto to bring his car into the parking lot. Officers grabbed Yamoah's right arm, kicked him in the leg and put his body against the car. The officers then searched the car, not finding contraband or weapons.

Subsequently, two more officers arrived at the parking lot. One of the officers punched Yamoah in the chest, causing him to drop to the ground. When Yomoah asked the officer why he did that, the officer replied, "because he wanted to." Another officer, Robert Doss, identifying himself as a supervisor, arrived at the scene. Yomoah then stated the reason he was in the parking lot, and told the officers he could prove he owned the car. The officers took Yomoah to his home, where he showed the officers the title to the car. The officers then removed Yomoah's handcuffs and left.

DEFENDANTS' CONTENTIONS:
The officers stated that they were called to the parking lot following a complaint that an African-American male with a dark cap and coat was trying to steal a battery from a car. Yomoah matched the description given, and when the officers arrived, they saw him near an Acura, holding a flashlight. The officers claimed that Yomoah refused to comply with their orders to drop his flashlight, and tried to pull away from them when they attempted to handcuff him.

The officers further alleged that Yamoah had at least once stated he was a doctor, and that he knew that a "white woman" had called the police. The officers also contended that Yamoah stated he wanted to see how far the officers would go, and that he also wanted to speak with his attorney because he was going to get paid for the incident, claiming also that if he wanted to, Yamoah could have beaten the officers.

Settlement Discussions

The parties attended a mediation on Dec. 2, 2008, but were unable to resolve the case. The parties also attended a settlement conference on Feb. 5, 2009.

Injuries

Yamoah suffered a torn rotator cuff.

Result

The jury rendered a verdict for the defense.

Other Information

FILING DATE: Dec. 13, 2007.