Facts

Arnold Evans sued the City of Long Beach Police Dept., Police Officers Gamaliel Collazo and M. Romo, and Chief of Police Jim McDonnell, in connection with an incident that occurred on Nov. 2, 2012.

PLAINTIFF'S CONTENTIONS:
Defendants allegedly used excessive force on him as he tried to walk to his apartment nearby where the officers were conducting a field sobriety test on a driver. One of the officers allegedly used expletives at plaintiff and ordered him to walk around them, but plaintiff did not want to go into the busy street. Words were exchanged, after which, one of the officers threatened plaintiff. Soon thereafter, the other officer fired his Taser at plaintiff, causing plaintiff to fall to the ground. The other officer then proceeded to pin plaintiff's head to the ground with his foot. The officer deployed their Taser two more times, causing plaintiff great pain. The officer then searched plaintiff and took his money, money that was never returned. Plaintiff later had to face charges of obstruction of justice related to the incident. The driver who witnessed the incident testified on his behalf, plaintiff was ultimately acquitted of all charges, and the case against him dismissed. Plaintiff then filed this action for civil rights violations.

DEFENDANTS' CONTENTIONS:
Plaintiff allegedly took an aggressive stance against the officers as they were conducting a field sobriety test on a driver. An officer warned plaintiff regarding the use of an electronic control device unless he complied with the officers' orders to get down on the ground. Plaintiff did not, prompting the officers to use the device. Plaintiff allegedly fell in some shrubbery and continued to be defiant, prompting a second cycle of the electronic device. Only then allowing the officers to finally secure him. The officers subsequently took him into custody after deploying a third cycle. Defendants denied using any excessive force, maintain all conduct was lawful, justified, reasonable, and done in good faith.

Damages

Evans sought $10 million in general damages and $500,000 in punitive damages.

Injuries

Evan suffered from extremely elevated blood pressure and heart rate as a result from the three Taser firings. He sustained a sever elbow fracture as well as lacerations and blunt force trauma.

Result

The city ultimately agreed to settle the action for $65,000.

Other Information

FILING DATE: Feb. 6, 2014.