Facts

On Aug. 10, 2004, plaintiff Uganda Knapps was working as a counselor at the Hodges Residential Facility (HRF) in Oakland. The HRF was a board and care home, which housed mentally disabled adults. Knapps had no prior criminal record.

During his shift, Knapps was advised that one of the mentally ill/disabled residents had left the home, threatening to commit suicide by walking on a nearby freeway. Knapps left the home to look for the man and called 911 to summon police assistance.

As Knapps was attempting to persuade the man to return to the care home, the man suddenly attempted to bolt into the street into oncoming traffic. During this time, Knapps continued speaking to a 911 dispatcher via his cell phone, and a significant portion of the incident was captured on the 911 recording.

When Knapps attempted to restrain the man from running into traffic, Oakland Police Department Officer Michael Cardoza jumped out of an undercover vehicle, uttered a profanity at Knapps, and put him in a carotid hold. During this time, Officer Francisco Rojas, who was the partner of Officer Cardoza, and Sgt. James Kelly, who had arrived in a separate car, did not intervene to stop the use of force on Knapps.

A criminal complaint was filed against Knapps by the Alameda County District Attorney's Office, and an administrative accusation filed against him by the Department of Social Services, which sought to exclude him from employment in licensed care facilities.

After the criminal and administrative proceedings were resolved in Knapps favor, Knapps filed the subject action against the defendants, alleging that the defendants violated his constitutional rights under federal and California law, and that they were liable for his damages under California law for negligence, battery and false arrest.

PLAINTIFF'S CONTENTIONS:
Knapps contended that the officer framed him and falsely claimed that Knapps beat the disabled man in the face in an attempt to justify Officer Cardoza's use of excessive force and unprofessional conduct during this incident. The 911 recording corroborated Knapps' account of the events and did not corroborate the officers' version.

DEFENDANTS' CONTENTIONS:
The defendants contended that Knapps beat and punched the disabled man and resisted Officer Cardoza's attempts to restrain him, resulting in Officer Cardoza's use of a carotid hold. The defendants denied that they fabricated the charges against Knapps and claimed that they were not liable on any of Knapps' state or federal claims, and that they were entitled to qualified immunity.

Settlement Discussions

The parties entered two settlement conferences before the Hon. James Larson, Magistrate Judge. The defendants asserted that the case had only "nuisance value," and their highest offer was $5,000.

Specials in Evidence

$9,655 $15,000

Damages

Knapps incurred $500 in damages as a result of having to post bail following the issuance of a warrant for his arrest after the incident. Knapps was terminated from his employment due to the officers' claims that Knapps beat the board and care resident during the incident.

Injuries

Knapps suffered soft tissue injuries to his neck, throat and shoulders. Due to being in a bent wristlock and overly tight handcuffs, Knapps also complained of pain in his wrists. Knapps' medical treatment included having his arm placed in a splint, pain medication, and chiropractic treatment. Knapps also claimed damages for pain, suffering, and emotional distress.

Result

Judgment rendered in Knapps favor for $180,155 ($25,155 economic; $100,000 non-economic; $55,000 punitive). Knapps prevailed with respect to his claim of excessive force and malicious prosecution under 42 U.S.C. section 1983 (as against Cardoza, Rojas, and Kelly) negligence (as against Cardoza, Rojas, Kelly, and the city), battery (as against Cardoza and the city), and for violation of his constitutional rights under California Civil Code section 52.1 (as against Cardoza, Rojas, Kelly, and the city). Plaintiff shall have judgment in his favor against defendants Michael Cardoza, Francisco Rojas, James Kelly, and the city of Oakland, jointly and severally, in the amount of $125,155. This award covers plaintiff's compensatory damages, including medical expenses, lost wages, bail expenses, and general damages for mental anguish and humiliation. Plaintiff shall also have judgment in his favor on his punitive damages claim under 42 U.S.C. section 1983 in the amount of $30,000 against defendant Cardoza, $20,000 against Rojas, and $5,000 against Kelly.

Other Information

The court found that Knapps is entitled to attorney fees and costs in an amount to be agreed to by the parties and, if an amount cannot be agreed to, the attorney fees and costs will be determined by motion. Defendants will be pursuing all remedies available to reverse the verdict in whole or in part. FILING DATE: July 19, 2005.