Sgt. Javier Cota v. City of San Diego, Chief of Police William Landsowne, Assistant Chief Boyd Long, SDPD Officer Ariel Savage, SDPD Officer Justin Mattly, SDPD Sergeant C.M. Sarot, SDPD Lt. Dan Christman, SDPD Sgt. Bret Righthouse, and Does 1 through 50, Inclusive
Published: Jan. 9, 2016 | Result Date: May 6, 2015 | Filing Date: Jan. 1, 1900 |Case number: 3:12-cv-00998-BAS-JLB Verdict – Defense
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Donald F. Shanahan
(Office of the San Diego City Attorney)
Facts
Javier Cota was a Sergeant with the Mesa, Arizona Police Department. On June 4, 2011, Cota was in the Gaslamp Quarter in San Diego with his nephew. Cota intervened when he saw San Diego Police Department Officers Ariel Savage and Justin Mattly stop two women he and his nephew had met that night. Sgt. Cota sued Officers Savage, Mattly and others after he was arrested and transported to a detox center.
Contentions
PLAINTIFF'S CONTENTIONS:
Sgt. Cota contended that he verbally challenged Officers Savage and Mattly because they were sexually harassing the two women. He claimed that Mattly, immediately and without warning grabbed him, handcuffed him and arrested him. He claimed that he was falsely arrested and that his constitutional rights were violated.
Plaintiff filed causes of action for violation of civil rights (42 U.S.C. Section 1983), Monell claim (42 U.S.C. Section 1983), violation of civil rights (42 U.S.C. Section 1985(3), assault and battery, false arrest, civil conspiracy, torts in essence, intentional infliction of emotional distress, negligence, negligent employment, and Banes civil rights claim.
DEFENDANT'S CONTENTIONS:
Defendants denied wrongdoing and asserted various affirmative defenses.
Result
The jury found that Officers Mattly and Savage falsely arrested Sgt. Cota but that the arrest was not a substantial factor in harm done to Sgt. Cota and found that he sustained no damages from the false arrest, and returned a defense verdict.
Other Information
FILING DATE: April 23, 2012.
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