In 2012 client was pulled over on his motorcycle for his license plate light supposedly not being bright enough and then cited for not having a proper motorcycle license. After client received his citation, he was allowed to leave the scene on foot with his helmet and keys as the officers impounded the motorcycle. The officers later decided they wanted the keys to make towing the motorcycle easier. The officers then made contact with client about a ½ mile from the stop and requested the keys. Client refused to give the keys to them and was arrested. In transport to the police station, client moved his handcuffs from the back of his body to the front. Client wasn’t properly placed in the back of the patrol unit and was uncomfortable. In response to this, the transporting officer pulled over on the side of the road and called for backup. Three other officers arrived and client was then ordered out of the unit. As he stepped out, he was immediately beaten by the officers and tasered. Client was later charged with resisting arrest and acquitted. During the civil lawsuit attorney Piccuta uncovered that the main officer had been subsequently terminated from the police department after an Internal Affairs investigation revealed that he had lied repeatedly, falsified reports and made material misstatements to investigating officers with respect to other matters.
This was a great result for the client who did not have permanent injuries and only had about $3,000.00 in medical expenses which consisted of emergency room visits, xrays and follow up with primary care doctor. Another interesting note is that we were able to get the damaging internal affairs investigations made public by attaching them to a motion for leave to amend.