Facts

On July 29, 2005, Javier Mendoza's brother called 911 and told the police that Mendoza was acting strangely after taking drugs. Thereafter, three Orange County Sheriff's Department deputies arrived at Mendoza's home and asked him to go outside. When Mendoza refused, the officers sprayed pepper spray on Mendoza's face, and shot him with a pepperball gun and a beanbag gun. Javier and his mother, Guadalupe Mendoza, sued the officers under 42 U.S.C. Section 1983 for alleged violations of the Fourth Amendment.

PLAINTIFF'S CONTENTIONS:
The plaintiffs claimed that the officers employed an unreasonable amount of force in making the arrest. Further, Guadalupe alleged that an officer hit her on the head with a club while chasing after Mendoza.

DEFENDANT'S CONTENTIONS:
The defense asserted that the officers used reasonable force in that Mendoza failed to comply with their orders.

Settlement Discussions

The plaintiffs demanded $250,000. Defendants made no offer.

Injuries

Mendoza suffered back, hand, head, and rib injuries, and also suffered lacerations and soreness.

Result

The jury found that two of the three officers used unreasonable force and awarded Mendoza $300,000. The jury found for the defense as to Guadalupe's claim of unreasonable force.

Other Information

An initial trial in 2008 was tried and declared a mistrial after the jury was unable to return a verdict. According to plaintiffs' counsel: The trial court denied defendants' post-trial motion for a new trial or remittitur. The court awarded plaintiff $1,220,171 in attorney fees, plus costs and litigation expenses.

Length

10 days