Facts

Plaintiff Camille Monet Fisher filed a lawsuit against defendants John Marfia and the City of San Jose, following an incident on July 20, 2007, which resulted in her arrest. She alleged excessive force and malicious prosecution in violation of her civil rights, 42 USC section 1983.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that, on July 20, 2007, she was in the parking structure of a nightclub in downtown San Jose when the police arrived to break up an altercation in which she was not involved. Plaintiff claimed that, in the ensuing confusion, she dropped her cell phone on the ground, causing the battery to fall out. As plaintiff attempted to retrieve her battery, she contended, Marfia confronted her and rudely instructed her to leave. Plaintiff stated that her uncle was a sheriff, that she knew her rights, and that she thought he was being extremely rude.

Plaintiff contended that, as she walked away, Marfia ran up without warning, tackled and pinned her to the ground, and cursed at her. Marfia then arrested plaintiff, falsely charging her with public intoxication and resisting arrest, even though, she contended, there was no reasonable basis for these charges. A jury acquitted plaintiff on both charges. Fisher also testified in other cases on behalf of other victims who were similarly acquitted.

DEFENDANT'S CONTENTIONS:
The defense contended that Marfia and other San Jose Police Department officers were stationed in downtown San Jose on July 20, 2007. The defense contended that, at approximately 1:30 a.m., a fight broke out in the parking garage near one of the nightclubs. The defense contended that the officers responded to the garage and broke up the fight. The defense argued that, while officers were interviewing the various parties and witnesses, Marfia observed plaintiff walking quickly, with her hands balled in fists, toward some of the officers. Marfia contended that he pushed plaintiff back and she became agitated. The defense claimed that Marfia determined that plaintiff was publicly intoxicated and began to escort her away, but plaintiff struggled and struck him on the head. Marfia contended that he then took her to the ground with a leg sweep and placed his knee on her back. Plaintiff was thereafter arrested and booked for being drunk in public and resisting arrest.

Damages

Plaintiff claimed she suffered lacerations on the left side of her face, with asphalt rubble embedded into her skin, as well as bruises on her head, arms, and right shoulder. Plaintiff claimed that, about two weeks later, she discovered that she had been approximately two months pregnant, but the fetus was dead and had to be surgically removed. Plaintiff also claimed emotional distress from the incident and from having to defend the criminal charges.

Result

The case settled for $38,000.

Other Information

Plaintiff also filed an Internal Affairs complaint against Marfia. According to plaintiff's counsel, the City failed to take disciplinary actions against Marfia, despite an alleged track record of using excessive force and attempting wrongful prosecution of victims, and promoted him to sergeant in 2008. According to plaintiff's counsel, many other similar incidents involving San Jose police officers' misconduct, particularly in the downtown area, have occurred. As a result, the City and the SJPD have begun implementing changes regarding the use of force, public intoxication arrests, and policing in the downtown area. Such efforts are beginning to correct what is alleged to be a pervasive pattern and practice of officer misconduct in these areas. FILING DATE: June 23, 2009.