Fourth Amendment - False Arrest

Bifcurcated case. Plaintiff, a closed-head injury patient, was in his home when his wife phone local LEO to get her cell phone from her husband. While inside Plaintiff’s home, the officers jumped and beat Plaintiff with a baton. Officer testified that it “slipped” into an extended position; physical injuries demonstrated repeated blows. Fellow officer testified that based on the physical evidence, it couldn’t possibly have happened the way the defendant officer described…settled shortly after his officer’s deposition. 

Damages were a night in jail and subjected to false accusations and verbal abuses. Case tried in 2010 with three more plaintiffs who had been beaten up by officers. Defense verdict, new trial motion as to father and daughter granted 5 years (no typo) later. Incident took place 6/11/04 in Watts, South Central LA. Def Bright died in the meantime. Young and a lying K-9 officer (Stambaugh) who attempted to demonize the plaintiffs was caught by a video clip that had him in a place he said he wasn’t.

Client was an African American female detained for approximately twenty hours. The allegation was she was selling marijuana. No marijuana was found on her person. The judge threw the charges out at the arraignment. She worked for NYC and was drug tested subsequent to this and lost about a week of work. The client wanted to proceed with the settlement to be done with everything. She did not seek any medical (psychological or otherwise) attention and lost about $375 in wages.

Three plaintiffs brought consolidated cases against a Lowell detective and the City of Lowell. In 2012, informants planted drugs in the plaintiffs’ cars. Plaintiffs were falsely charged with trafficking in cocaine; charges pended for over 1 year, over 6 months, and over 5 months (w/ 3.5 months in custody). They faced mandatory minimums of 3, 2, and 8 years. All charges were dismissed due to revelation of the informants’ misconduct. The detective knew his informants were not trustworthy.

On 10/6/12, two Bellingham officers entered Ms. Graham’s home without a warrant. When Ms. Graham began to openly video record the encounter and protest the officers’ actions, Defendants arrested her, using unreasonable force. She was charged with assault and battery with a dangerous weapon, and three misdemeanors. The criminal charges were dismissed. Ms. Graham’s cell phone video shows the officers arresting Ms. Graham and using unreasonable force. The case received local publicity. The case settled after an early mediation.

Plaintiff, Gerald Wilcox, 43, was arrested in his home in a quiet Detroit suburb by two Detroit Police Dep’t. officers looking for a Gerald Wilcox in his 20s who robbed a Family Dollar store in Detroit the previous day. The warrantless arrest, without consent or exigent circumstances, occurred in front of Wilcox’s wife and teenge son. Wilcox spent 15 days in the county jail before the Officer-in-Charge admitted that he learned the night of the arrest that the plaintiff was the wrong person. Charges were dismissed 6 weeks after the arrest when an eyewitness told the prosecutor that Mr.

A 77-year-old retired psychologist with no criminal record, 5 feet 2 inches tall, 140 pounds, was falsely arrested, and injured by jail guards during book-in after expressing annoyance and confusion when denied access to his attorney’s phone number. One guard grabbed plaintiff’s left arm; a larger guard lunged suddenly from a side room, grabbed plaintiff’s arm and pulled it behind plaintiff’s back and upward, and slammed his left forearm behind plaintiff’s neck. This arm-bar maneuver caused a massive full-thickness rotator cuff tear of plaintiff’s right shoulder.

Officer Joshua Henninger took out his department issued Freeze +P chemical irritant and gave a burst directly into Plaintiff’s eyes. Plaintiff and his brother later approached Officer Henninger, and Plaintiff said he wanted Officer Henninger’s badge number. Officer Heidi Eisenbeis and Officer Luis Realivasquez subsequently took Plaintiff to the ground, by jumping on Plaintiff from behind, pushing Plaintiff face first into a city bench on the sidewalk, and kneeing Plaintiff in the ribs at least twice.