Facts

Mohammed and Tammy Rashidi were having a party at their home located on Corral Canyon Road in Bonita. The party eventually spread out into the Rashidi's yard. Deputy Martin Ryniec was on patrol in the area. Believing that Tammy Rashidi committed a battery on a guest, Ryniec stopped and investigated. The contact eventually led to Rashidi's arrest for public intoxication, resisting arrest and battery on a peace officer. Rashidi filed a lawsuit against Ryniec claiming assault and battery.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that she was the victim of a false arrest. She claimed that the defendant would not stop interrogating her. She then attempted to retreat to the inside of her house when the defendant grabbed ahold of her and pushed her down on the ground. The plaintiff became frightened and covered her head with her arms. She then claimed the defendant struck her repeatedly on her head and body, including her shoulders and legs, using a flashlight. Eventually, the flashlight broke, at which time the defendant continued beating her with his fist and baton. The plaintiff claimed that the defendant then forced her to lay face down at which time he handcuffed her. For the entire duration of the attack, the plaintiff's family was pleading with the defendant to stop beating her.

DEFENDANT'S CONTENTIONS:
The defendant claimed that he acted reasonably under the circumstances and the amount of force used was not excessive. The defendant claimed that the plaintiff began walking away during his investigation and refused to stop when requested so he placed his hand on her shoulder. The plaintiff pulled away, fell to the ground and began kicking him. The defendant claimed that he only resorted to force in the form of striking the plaintiff on the legs because the plaintiff, who was intoxicated, kicked him several times and continued to struggle. The deputy's flashlight never broke but was kicked from his hands by the plaintiff.

Damages

The plaintiff's husband, Mohammed Rashidi, claimed damages for loss of consortium, but dismissed his case before trial.

Injuries

The plaintiff was taken to the hospital by the defendant where she was found to have a cut on her leg that required four stitches. The plaintiff suffered no fractures. The plaintiff claimed that the incident caused her to suffer both physical and emotional pain.

Result

Defense.