Rodi'a Monterroso-Bragg v. James L. App, City Manager James L. App, Jeffry Bromby, Officer Jeffry Bromby, Robert Burton, Acting Police Chief Robert Burton, City of El Paso De Robles, Lisa Solomon and Former Police Chief Lisa Solomon and Does 1 through 10, inclusive
Published: Mar. 16, 2013 | Result Date: Dec. 3, 2012 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-06192-GHK-VBK Settlement – $50,000
Court
USDC Central
Attorneys
Plaintiff
David S. Vogel
(Law Offices of David S. Vogel)
Defendant
James N. Procter II
(Procter, Shyer & Winter, LLP)
Facts
On June 30, 2010, Rodi Monterroso-Bragg (Bragg) was arrested by El Paso de Robles Police Officer Jeffry Bromby for shoplifting a bottled drink from a market. She was subsequently charged with petty theft, battery, and resisting arrest, and pleaded guilty to petty theft. The other charges were dropped and she was given community service. Later, Bragg sued Bromby, the City of El Paso de Robles, and other police officials, alleging excessive force. The case proceeded against Bromby and the City.
Contentions
PLAINTIFF'S CONTENTIONS:
Bragg alleged Bromby threw her down and held her against hot pavement in 93-degree weather during the arrest, although she had already been put in handcuffs. In addition, Bragg claimed the City and the officials inadequately trained and supervised officers regarding the use of force and the provision of medical care.
DEFENDANT'S CONTENTIONS:
Defendants argued that Bragg was struggling and Bromby used an appropriate amount of force to restrain her.
Injuries
Bragg sustained burn injuries to her arm and hand, as well as scarring, disfigurement, and emotional injuries.
Result
The parties settled for $50,000.
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