Facts

Around midnight on July 22, 2004, plaintiff Steven Leal, 48, was pulled over by San Jose police for driving the wrong way on a one-way street in downtown San Jose. When the officer approached Leal's vehicle, the officer noted that Leal had blood-shot eyes, his speech was slurred, and he smelled of alcohol. The officer requested a field sobriety test, but Leal refused. Leal also declined blood or breath testing. Leal was arrested on suspicion of driving under the influence of alcohol.

The arresting officer proceeded to take Leal to the Santa Clara County Main Jail for booking. While Leal was being booked, he refused to return the pen he had been given by corrections officers in order to complete his paperwork. The corrections offers responded to this refusal by physically restraining Leal.

Leal claimed he was injured as a result of the altercation and sued the Santa Clara County Department of Correction and the individual officers for assault, battery, and violating his civil rights by using excessive force to restrain him. Leal also sued the arresting officer and the city of San Jose, however both parties were dismissed on summary judgment prior to the case going to trial.

PLAINTIFF'S CONTENTIONS:
The plaintiff argued Leal had requested a blood test after being pulled over by the officer. The plaintiff also asserted that the reason he refused to return the pen was because the corrections officers were trying to force him to sign documents in which he would be admitting that he refused to participate in blood or breath testing. The plaintiff further claimed that he was not under the influence when he was arrested, booked, and ultimately restrained by the corrections officers.

DEFENDANT'S CONTENTIONS:
The defendant claimed that Leal had never agreed to take a blood test and that he was restrained because he started making threatening moves and gestures with the pen when asked to return it to the corrections officers. The defendant also argued there was no medical evidence or testimony showing Leal had suffered any injuries from the incident.

Damages

The plaintiff sought $14,000 for past medical treatment and unspecified damages for past and future pain and suffering.

Injuries

The plaintiff argued his wrists were hyperextended and he suffered nerve and ligament damage as a result. The plaintiff complained of loss of sensation in the hands and wrists and involuntary spasms in his left thumb.

Result

The jury found that the corrections officers used a reasonable amount of force when they restrained Leal. Thus, the Department of Correction was not liable for using excessive force or violating Leal's civil rights.

Deliberation

3.5 hours

Poll

8-0

Length

seven days