Chester Miller and Betty Miller v. City of Menlo Park; Ray Samuels in his capacity as Interim Chief of Police for City of Menlo Park; Jeremy Foy; Cristela Solorzano; Matthew Ortega; Ron Venzon; Scott Mackdanz; and Does 5-25, individually, and in their official capacity as police officers for the City of Menlo Park
Published: Oct. 6, 2012 | Result Date: May 14, 2012 | Filing Date: Jan. 1, 1900 |Case number: 4:11-cv-00543-CW Verdict – Defense
Court
USDC Northern
Attorneys
Plaintiff
Adanté Pointer
(Pointer & Buelna LLP)
DeWitt M. Lacy
(Burris, Nisenbaum, Curry & Lacy LLP)
Defendant
Nicolas A. Flegel
(Jorgenson, Siegel, McClure & Flegel, LLP)
Facts
Chester and Betty Miller were handcuffed by police officers from the City of Menlo Park. The officers were conducting a probation search on the property, searching for the Millers' teenage grandson. Chester Miller allowed the officers into the home to conduct the search. The officers then arrested the grandson on burglary and weapon charges. When Chester Miller and his wife, Betty Miller began to inquire about the arrest, the officers arrested them too.
Chester Miller was charged with resisting arrest, battery on a peace officer, and assault on a peace officer. He pleaded no contest to a charge of disturbing the peace as part of a plea deal.
The Millers sued the chief of Menlo Park Police, the City of Menlo Park, and the responding officers.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that defendants violated their civil rights. The Millers voluntarily dismissed the first two defendants and proceeded to trial against the officers only. Plaintiffs claimed that when they asked the officers about what was going on, the officers handcuffed them without provocation.
DEFENDANT'S CONTENTIONS:
The police officers argued that Chester Miller was agitated during the search. When an officer told him to calm down, he Miller made aggressive physical movements toward him. After Chester Miller swung his fist and struck a glancing blow against an officer's face, he was subdued and handcuffed.
Damages
The Millers sought recovery of $1 million in general damages.
Result
Defense.
Poll
8-0
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