Facts

On Jan. 17, 2005, San Diego Sheriff's Dispatch received a 911 call from a home in Rancho Santa Fe, but the caller hung up without saying anything. Dispatch called the number back twice, but the phone was hung up both times. Deputy sheriffs Gregory Buchnoff and Minh Nguyen were sent to the home and met with 77-year old Floyd Cardinal, who said he had had a heated argument with his son Kyle and had called 911. Mr. Cardinal allowed the deputies into the home to speak with his Kyle and led them to Kyle's bedroom.

While speaking with Kyle, the deputies purportedly felt their safety was in danger due to his words and actions, and they attempted to handcuff him. Kyle resisted, and an altercation ensued, during which the deputies used pepper spray, tried a carotid restraint hold, and hit Kyle numerous times with a leather sap. During the struggle, other deputies arrived and tried to subdue Kyle, and Kyle kicked one of them in the chest. Kyle was ultimately arrested and booked for elder abuse and resisting a peace officer with force. However, the court ultimately dismissed the charges, finding that the officers had no right to remain in Kyle's room after he asked them to leave. Kyle died four years later from unrelated causes.

His father, Floyd, and mother, Dolores, pursued a lawsuit against Buchnoff, Nguyen, and the County of San Diego alleging illegal detention, false arrest, and excessive force.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that Kyle had withdrawn his consent to the officers being present in the home when he asked them to leave his room. In addition, plaintiffs argued that the detention was unlawful, the officers lacked probable cause, a warrant, and exigent circumstances.

DEFENDANT'S CONTENTIONS:
Defendants argued that the deputies had reasonable suspicion to detain Kyle after they spoke with Kyle's father at the front door, so the deputies were within their rights in detaining Kyle even though Kyle asked them to leave. Defendants contended that the deputies' decision to handcuff Kyle was reasonable because Kyle became agitated and moved towards one of the deputies during their conversation. Defendants further contended that the deputies then used only reasonable force to attempt to detain Kyle, who was extremely strong and resisted violently.

Injuries

Floyd claimed that Kyle suffered face, wrist, ribs, back, and teeth injuries, and Floyd and Dolores claimed emotional distress injuries.

Result

The jury found in favor of the defense.

Length

three days