Facts

Plaintiff Guillermo Olvera Jr. was discovered in a parked car smoking metamphetamine with a female acquaintance. While being handcuff, the plaintiff allegedly struck the deputy in the jaw. The plaintiff was pepper sprayed, handcuffed and placed in the back of the police car. The plaintiff subsequently kicked out the rear window of the police car and climbed out. The plaintiff was re-handcuffed, hobbled and placed back in the police car.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that while being handcuffed, the deputy twisted a previously-broken wrist, which caused him to turn, resulting in the deputy using pepper spray. He was handcuffed and placed inside the police car, and claimed that he was unable to breathe. He claimed that he broke the window of the police car to get air and he was then hobbled and beaten, including the deputy intentionally falling on him with his knee several times, ultimately breaking his rib.

DEFENDANT'S CONTENTIONS:
The defendants contended that plaintiff was seen smoking methamphetamine in a parked truck with a female, and that the cab of the truck included items that could be used as weapons, such as a hammer. The deputy ordered the two out of the vehicle. While he was handcuffing plaintiff, plaintiff turned and punched him in the jaw. The deputy claimed that he then pepper sprayed the plaintiff, applied the handcuffs, and placed the plaintiff in the back of his vehicle. The deputy claimed that he heard the back window being broken out of the vehicle and that plaintiff climbed out of the back of the car, having slipped the handcuffs to the front of his body. Plaintiff was wrestled to the ground, hobbled and placed back into the police car. The deputy claimed that no excessive force was used.

Settlement Discussions

The plaintiff demanded $1 million. The defendant offered $5,000.

Injuries

The plaintiff claimed broken rib, multiple contusions and abrasions and pain and suffering from pepper spray.

Result

Defense verdict.

Other Information

FILING DATE: Nov. 29, 2006.

Poll

8-0