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[tips_and_tricks] assault & battery case law for reference

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    ASSAULT AND BATTERY: PHYSICAL 333:131 Uncomfortable search of youth s groin area and use of minimal force while arresting and handcuffing him did not
    Message 1 of 2 , Mar 2, 2007
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      333:131 "Uncomfortable" search of youth's groin area and use of "minimal" force while arresting and handcuffing him did not constitute excessive use of force; officer was entitled to qualified immunity when conduct caused bruising which arrestee admitted disappeared quickly and for which he did not seek medical treatment. Nolin v. Isbeli, #99-10040, 207 F.3d 1253 (11th Cir. 2000).
      334:147 Police officer acted reasonably in opening cell door to quiet yelling arrestee and make sure that intoxicated arrestee was not harming himself; no liability for injuries to arrestee who was knocked unconscious by cell door opening; officer was unable to see that arrestee was standing behind cell door and would be hit by it. Wilson v. Spain, No. 99-2224, 209 F.3d 713 (8th Cir. 2000).
      335:163 New York jury awards over $3 million to 51-year-old woman mistakenly arrested by undercover police officer as drug suspect; $2.75 million of award was for alleged excessive use of force by officer, who plaintiff contended did not identify himself as police and $250,000 was awarded for false arrest. Morales v. Leone, U.S. Dist. Ct. S.D.N.Y. October 5, 2000, reported in The New York Times, National Edition, p. C26 (Oct. 6, 2000).
      335:164 Arrestee who claimed that officers beat him while he was handcuffed, despite the lack of resistance on his part, did not have to show direct monetary losses to recover compensatory damages; damages could be based on pain and suffering or emotional distress, and, even without actual injury, he might be entitled to nominal damages. Slicker v. Jackson, No. 99-10592, 215 F.3d 1225 (11th Cir. 2000).
      335:167 Officers' actions in detaining an autistic youth for questioning after he reportedly acted strangely while trespassing in a homeowner's garage was a proper investigatory stop; ensuing confrontation with youth and his subsequent arrest for assaulting an officer were not a violation of either the Fourth Amendment or federal disability discrimination statutes. Bates v. Chesterfield County, Va., #99-1663, 216 F.3d 367 (4th Cir. 2000).
      330:85 Federal appeals court upholds $245,000 award of compensatory and punitive damages to three 17- year-old boys, two African-American and one white, on claim that two police officers illegally stopped and searched their vehicle and used excessive force, including pulling and squeezing their testicles, during pat-down search, and were motivated by racial bias in carrying out one-hour stop, search and detention; alleged racial bias was a proper basis for punitive damages award. Price v. Kramer, #97-56580, #98-55484, 200 F.3d 1237 (9th Cir. 2000).
      331:99 $4.95 million settlement reached in lawsuit over death of man, who allegedly was beaten by officer, when police used pepper spray on his brother during a traffic stop. Plaintiffs claimed the action was racially motivated. Smith v. Village of Hoffman Estates, No. 97 L-605, U.S. Dist. Ct. (N.D. Ill.), June 27, 2000, reported in Chicago Tribune, Sec. 2, p. 1 (June 28, 2000).
      331:99 Washington state intermediate appeals court rules that it was not an abuse of discretion to award $9,920 in attorneys' fees to plaintiff in excessive force claim who was awarded only $1 in nominal damages. Ermine v. City of Spokane, #18253-3-III, 996 P.2d 624 (Wash. App. 2000).
      332:115 A small cut and scrapes on the knee and calf were sufficient evidence to support claim that arrestee had been subjected to excessive force in the course of the arrest, and factual disputes over what happened required the denial of officers' claim for qualified immunity. Lambert v. City of Dumas, #99-1081, 187 F.3d 931 (8th Cir. 1999).
      [N/R] Force used to detain juvenile during his arrest was objectively reasonable, as police chief's testimony established that restraints, including eventual hogtying, was necessary to prevent juvenile from harming himself. Brandt v. Davis, No. 99-1128, 191 F.3d 887 (8th Cir. 1999).
      329:73 New York trial judge properly exercised discretion in denying arrestee's motion to compel production of arresting officer's employment records and district attorney's entire file on the arrest in arrestee's lawsuit claiming assault by officer. Tsachalis v. City of Mount Vernon, 690 N.Y.S.2d 746 (A.D.N.Y. 1999).
      330:84 Jury properly heard evidence of alleged affair between mayor and arrestee's wife, and trial court properly declined to instruct jury that arrestee had a duty to submit to an arrest without resistance even if it was unjustified; appeals court upholds awards totaling $114,000 against police chief and mayor in lawsuit claiming that improper arrest was made with excessive force based on a purely personal dispute between mayor and arrestee. Goff v. Bise, # 98-2849, 173 F.3d 1068 (8th Cir. 1999).
      326:22 Illinois federal jury awards $28 million, ($18 million on excessive force claim and $10 million for denial of medical care), to PCP user who suffered an incapacitating stroke after an officer allegedly knocked him down. Regalado v. Chicago, No. 96-C-3634, U.S. Dist. Ct. (N.D. Ill. Oct. 25, 1999), reported in The National Law Journal, p. A10 (Nov. 22, 1999).
      326:30 Police officer use of a racial epithet in response to a request for his name and badge number did not, standing alone, constitute a violation of the equal protection rights of the person so addressed; claim that another officer engaged in choking suspect during and after search of his mouth for drugs reinstated because of disputed facts. Williams v. Bramer, #98-10254, 180 F.3d 699 (5th Cir. 1999).
      327:35 Officers who allegedly choked an arrestee, threw him down the stairs, and stepped on his face were not entitled to qualified immunity from liability; a portion of their actions was captured on videotape and clearly established law gave the plaintiff the right to be free of the alleged misconduct. Johnston v. City of Bloomington, #97- 4396, 170 F.3d 825 (8th Cir. 1999).
      327:35 Arrestee's conviction for resisting arrest did not bar his claim that officers used excessive force in subduing him. Martinez v. City of Albuquerque, No. 98- 2235, 184 F.3d 1123 (10th Cir. 1999).
      328:51 Assertion that officer stuck his hand out of his vehicle and that this caused the fall of an intoxicated bicyclist on the street stated a claim for excessive use of force. Hullett v. Smiedendorg, 52 F. Supp. 2d 817 (W.D. Mich. 1999).
      The fact that no police official accepted the plaintiff's assault complaint against an officer does not state a claim under 42 U.S.Code ยง1983. No right, privilege or immunity guaranteed by the Constitution or federal laws is implicated by a civilian complaint to a police department. Johnson v. Police Officer #17969, 99 Civ. 3964, 2000 U.S. Dist. Lexis 18521 (S.D.N.Y.). {N/R}
      323:170 Police officer acted properly in shooting and killing armed man who fired at him first; the fact that the officer was mistakenly at the wrong address and therefore was confronting a store owner and his armed brother, rather than burglars, did not alter the result; second officer's single kick, aimed at subduing store keeper, was objectively reasonable. Saman v. Robbins, #96-55672, 97-56683, 97-56684, 97-5524 and 97-55789, 173 F.3d 1150 (9th Cir. 1999).
      323:163 Officer was not entitled to qualified immunity in lawsuit claiming that he pushed a man through a car window; officer did not claim that man used any force against him; attorneys' fee award based on $200 per hour was appropriate. Weyel v. Catania, 728 A.2d 512 (Conn. App. 1999).
      322:155 Arrestee outside motor vehicle office raised genuine issue of fact as to whether officers had probable cause to arrest him for attempting to register stolen vehicle when he did not fit the description of the suspect phoned in earlier by office employee, and another man present in the office fit the description exactly. Robinson v. Clemons, 987 F.Supp. 280 (D. Del. 1998).
      322:147 Jury properly awarded $1 in nominal damages and $20,000 in punitive damages (later reduced to $15,000) against officer who allegedly used excessive force against arrestee during booking process; trial court improperly dismissed claims against city following trial of claims against individual officers, since plaintiff could pursue city's liability even if he was barred from receiving anything more than $1 in damages against municipality. Amato v. City of Saratoga Springs, N.Y., #97-9623, 170 F.3d 311 (2nd Cir. 1999).
      321:141 No federal constitutional claim could be asserted for police detective's alleged destruction of man's bus pass, since he had an adequate post-deprivation remedy of filing a state lawsuit for the value of his lost property; failure of detective to read man Miranda rights did not violate constitutional rights; detective's alleged threats to use force against man did state a possible claim. Harris v. St. Louis Police Dept., #98-1810, 164 F.3d 1085 (8th Cir. 1998).
      {N/R} Police dept. settles case for $200,000; the plaintiff claimed the officer used excessive force, denied him medical care, and falsified a police report pertaining to the incident. Caton v. London, #CV-F-96-6108 (E.D. Cal. 1998), noted 42 ATLA Law Rptr. #8.
      320:116 Officers used appropriate force to subdue members of crowd who were challenging their authority to arrest a woman; factual issue precluded summary judgment on the issue of whether they used excessive force in subduing first arrestee, however, since no crowd was then present and she did not appear to pose a threat to them and did not resist. Quesinberry v. Rouppasong, 503 S.E.2d 717 (S.C. 1998).
      319:101 N.Y.C. reaches $2.75 million settlement with man allegedly beaten on his way to work by five police officers solely because he fit the very general description of a black suspect sought for brandishing a knife. Dusenbury v. N.Y.C.(S.D.N.Y.), reported in The New York Times, Natl. Edit., p. A23 (April 26, 1999).
      318:83 Police board's finding, in disciplinary hearing, that crossing guard violated various departmental rules and Illinois law when stopped by housing authority police officers did not bar her from pursuing her excessive force claim against those officers; excessive force may occur during a lawful arrest. Banks v. Chicago Housing Auth., 13 F.Supp.2d 793 (N.D. Ill. 1998).
      317:69 Arrestee could not sue arresting officers for "negligent" assault under N.Y. state law. Wertzberger v. City of New York, 680 N.Y.S.2d 260 (A.D. 1998).
      316:51 Officer's alleged action in slamming 6-year-old boy to the ground, jarring one of his teeth loose, while arresting him for allegedly smashing windows in a trailer, was sufficient to state a claim for excessive use of force even if no prior similar caselaw could be found; officer was not entitled to qualified immunity. Borrero v. Metro- Dade Co., 19 F.Supp.2d 1310 (S.D. Fla. 1998).
      315:36 Grabbing arrestee's arm and turning her body before ordering her to get into police vehicle was not an excessive use of force, even if unnecessary to effect the arrest. Curd v. City Court of Judsonia, Ark., #97-2858, 141 F.3d 839 (8th Cir. 1998).
      302:27 Update: Full federal appeals court reinstates summary judgment for police detective who allegedly slapped arrestee in interrogation room; court rejects claim that this occurred during custodial interrogation when no questions were being asked and detective's conduct was not intended to, and did not, elicit any incriminating statement. Riley v. Dorton, 115 F.3d 1159 (4th Cir. 1997).
      303:35 Port Authority employee arrested by officers for entering restricted area without showing identification or obeying commands to stop awarded $46,000 in damages for excessive force during arrest, despite ruling that officers had probable cause to arrest him, since they reasonably thought that he was a trespasser; intermediate state appeals court rules that damages awarded were inadequate. Freeman v. Port Authority of New York, 659 N.Y.S.2d 13 (A.D. 1997).
      303:35 Motorist awarded $2.79 million against two officers who allegedly severely beat him in front of his family after stopping him for minor traffic violation. Sudul v. Robinson, 92-204061NO (Cir. Ct. Wayne Co., Mich.), Sept. 23, 1997, reported in The Natl. Law Jour. p. A7 (Nov. 24, 1997).
      304:52 Arrestee's conviction for resisting arrest barred his claim of excessive use of force during arrest; force used to subdue him during detention was objectively reasonable, given his drug intoxication, attack on officer, and threats to kill officer. Caridi v. Forte, 967 F.Supp. 97 (S.D.N.Y. 1997).
      304:53 Arrestee's convictions for obstructing an officer and assaulting an officer barred his federal civil rights lawsuit for alleged excessive use of force during his arrest, when convictions had not been overturned. Franklin v. Co. of Riverside, 971 F.Supp. (C.D. Cal. 1997).
      305:67 Police department employee, allegedly assaulted by two officers as she reported to work at jail in civilian clothes, awarded $1,957,120 for negligence and excessive force. Jones v. City of Los Angeles, BC053303, L.A. Super. Ct., Calif., Jan. 15, 1998, reported in L.A. Daily J. (Verd. & Stl.) Vol. 111, No. 30, p. 5 (Feb. 13, 1998).
      305:69 Officer who did not see second officer's gun butt strike arrestee's head could not be held liable for alleged second impact, in absence of knowledge or opportunity to prevent the impact; officer should have been granted qualified immunity by trial court. Turner v. Scott, 119 F.3d 425 (6th Cir. 1997).
      306:84 Plaintiff was properly awarded $7,500 in attorneys' fees in lawsuit in which he was awarded $5,429.66 on state law battery claim against county, but denied any recovery on federal civil rights claim; award of attorneys' fees authorized under federal civil rights statute under these circumstances as long as state law claim arose from the same incident. Prior v. Co. of Saratoga, 664 N.Y.S.2d 871 (A.D. 1997).
      306:84 Jury awards $45 million to surviving family of 25- year-old double amputee motorist who died following altercation with officer who pulled him over; pepper spray and neck hold used to restrain motorist. Mallet v. City of Phoenix, Phoenix Superior Court, Phoenix, Arizona, reported in The Chicago Tribune, p. 16 (March 13, 1998).
      307:100 Arrestee awarded $16,000 in damages for injury to finger from officer allegedly slamming his hand with a pair of handcuffs; while complaint alleged "negligent" use of excessive force, trial judge did not abuse discretion in allowing plaintiff to amend it to allege intentional action, as required for liability. Miami, City of, v. Ross, 695 So.2d 486 (Fla. App. 1997).
      308:118 County agrees to pay $750,000 in damages plus $40,000 in medical expenses to intoxicated arrestee who fell on his face after officer administered forceful "hip check" and allegedly dragged arrestee over the floor by pulling on his handcuffed hands. Deising v. Bd. of Comm'rs, Mich., St. Clair Co. Cir. Ct., No. 97- 001727-NO, July 1, 1997, reported in 41 ATLA Law Rptr. 9 (Feb. 1998).
      309:131 Officer used only necessary force in subduing burglary suspect who ignored orders to halt and sought to flee. Robinson v. Brown, 987 F.Supp. 1470 (S.D. Fla. 1997).
      309:131 Officers who allegedly failed to report use of excessive force by another officer in making an arrest were entitled to qualified immunity; federal trial court finds no "clearly established" legal requirement that officers report another officer's use of excessive force. Franklin v. City of Kansas City, 959 F.Supp. 1380 (D. Kan. 1997).
      310:153 Alleged municipal policy of encouraging officers to make arrests by awarding them "productivity points" could not be the basis of municipal liability in federal civil rights claim alleging excessive force; plaintiff did not allege any relationship between policy and the use of excessive force. DuFour-Dowell v. Cogger, 980 F.Supp. 955 (N.D.Ill. 1997).
      {N/R} Genuine issue of fact existed as to whether arrestee, who had previously threatened officer and fled from him, offered further resistance, requiring use of force which broke his arm, after he was on the ground prior to being handcuffed. Smith v. Mattox, 127 F.3d 1416 (11th Cir. 1997).
      {N/R} Motorist's assertion that officer "violently" poked and pushed him during traffic stop stated constitutional claim for excessive use of force. Lanigan v. Vil. of East Hazel Crest, 110 F.3d 467 (7th Cir. 1997).
      290:24 Arrestee should be allowed to pursue his civil rights lawsuit against detective for allegedly slapping and scratching him during custodial interrogation, despite lack of "significant injuries," federal appeals court rules Riley v. Dorton, 93 F.3d 113 (4th Cir. 1996).
      292:51 Officers were entitled to "heat of battle" instruction to jury that appropriate standard in judging the reasonableness of force used while making an arrest includes "allowances for the fact" that officers must make "split-second judgments" in tense, uncertain, and "rapidly evolving" circumstances. Cox v. Treadway, 75 F.3d 230 (6th Cir. 1996).
      292:52 Fact that convicted plaintiff's conviction and sentence had not been overturned did not bar federal civil rights claim for alleged excessive use of force during the arrest. Smithart v. Towery, 79 F.3d 951 (9th Cir. 1996).
      293:68 Trial court's comments in front of jury, using the term "fraud" to refer to defendant police officer's memo book because it was filled out at the end of the day, and other negative comments, resulted in an unfair trial, requiring overturning of jury's award to plaintiff who claimed officers assaulted him. Rivas v. Brattesani, 94 F.3d 802 (2nd Cir. 1996).
      296:115 Estate of man who died from asphyxia after being placed face down while hog-tied receives $805,000 settlement from city on inadequate supervision and training lawsuit. Kinneer v. Gall, U.S. Dist. Ct., SD Ohio, No C2-95-504, Sept 6, 1996, 40 ATLA L.Rptr. 132 (May 1997).
      297:132 Officers used reasonable force in restraining resisting arrestee and placing her in squad car, but officer was not entitled to qualified immunity from claim that he struck arrestee on the way to the police station while she was restrained, and used a racial epithet Mayard v. Hopwood, 105 F.3d 1226 (8th Cir. 1997).
      297:132 Jury's finding that officer was not liable for assault and battery, but that $10,000 should be awarded on federal civil rights excessive force claim was not inconsistent Jarvis v. Govt. of Virgin Islands, 919 F.Supp. 177 (D.V.I. 1996).
      {N/R} Evidence was sufficient to support jury's finding that officer used excessive force in removing arrestee's wedding ring, even if force did not leave major marks and was not life-threatening. Holmes v. City of Massillos, Ohio, 78 F.3d 1041 (6th Cir. 1996).
      286:157 Trial court improperly ruled that unannounced entry into residence was necessarily unlawful; court order gave state troopers right to enter to enforce child visitation, and circumstances could be interpreted as providing a basis to believe that the occupant inside was preparing to use "physical violence" to avoid compliance with court order; even if entry was illegal, this did not automatically make any use of force to arrest plaintiff excessive. Bodine v. Warwick, 72 F.3d 393 (3rd Cir. 1995).
      287:171 Alabama Supreme Court rules that municipality may not be sued, under state law, for malicious prosecution, but rejects argument that municipality was also immune from liability for false arrest/imprisonment or assault and battery allegedly carried out by one of its police officers. Franklin v. City of Huntsville, 670 So.2d 848 (Ala 1995).
      284:121 Jury awards $201,001 in damages against police officer for malicious prosecution and assault and battery; court finds sufficient evidence to support jury's conclusion that officer maliciously filed false report stating that arrestee attacked him and resisted arrest; assault and battery award, under state law, was not contradictory to jury's finding of no Fourth Amendment unreasonable force violation Lee v. Edwards, 906 F.Supp. 94 (D.Conn 1995).
      277:9 Officer's act of drawing and pointing a gun at an unarmed felony suspect, without any indication that he intended or attempted to fire, did not violate suspect's rights. Edwards v. Giles, 51 F.3d 155 (8th Cir. 1995).
      279:35 Officers who asserted that they did not act "under color of law," but rather as private citizens in arresting motorist in a state outside their jurisdiction could not claim qualified immunity or appeal its denial; such immunity is only available to "public officials," and their claim to have acted as private citizens contradicted that defense Rambo v. Daley, 68 F.3d 203 (7th Cir. 1995).
      278:21 Trooper was not entitled to qualified immunity for allegedly using excessive force in arresting woman on warrant when she was on her way home for weekend pass from mental hospital; psychological damage constituted "significant injury" required at the time of the incident for assertion of an excessive force claim. Dunn v. Denk, 54 F.3d 248 (5th Cir. 1995).
      281:68 Governmental immunity was not available as a defense to deputies who allegedly assaulted and battered father while assisting state agency in removing children from his home; governmental immunity under Michigan state law does not apply to intentional misconduct. Burns v. Malak, 897 F.Supp. 985 (E.D. Mich 1995).
      287:165 Officers were entitled to absolute immunity for following judge's order to take attorney into immediate custody after he summarily found her guilty of criminal contempt of court; excessive force claim against officers once she was in custody should be judged on Eighth Amendment cruel and unusual punishment standard rather than Fourth Amendment reasonableness standard. Sharp v. Kelsey, 918 F.Supp. 1115 (WDMich 1996).
      285:132 Federal appeals court upholds award of $151,05558 in compensatory damages and $81,37722 in attorneys' fees and costs to man allegedly beaten in his home by officer responding to domestic disturbance call; trial court did not err in admitting evidence of future lost profits from plaintiff's business of rehabbing and selling residential real estate or in using a higher per-hour dollar figure for plaintiff's attorneys than is typical in the same market area for defense lawyers in federal civil rights lawsuits. Malloy v. Monahan, 73 F.3d 1012 (10th Cir. 1996).
      281:67 Jury awards $200,000 to arrestee for officer's alleged use of excessive force during arrest; finds city and police chief liable for policy of inadequate training, supervision, and discipline Hogan v. Franco, 896 F.Supp. 1313 (NDNY 1995).
      277:3 County Sheriff's Department liable for $159 million for raid by 100 deputies on Samoan/American bridal shower at which deputies allegedly falsely arrested 36, used excessive force, and shouted racial epithets Dole v. Co. of Los Angeles Sheriffs, No C751398, LA Superior Central Ct., Calif, Aug 16, 1995, Vol. 108 No. 167 L.A. Daily Journal (Verd. & Stl.), p. 4.
      278:19 County could not be held liable for deputy's alleged battering of arrestee when incident arose as a result of arrestee stating that deputy would no longer be welcome at his business, a personal dispute McGhee v. Volusia Co., 654 So.2d 157 (Fla App. 1995).
      278:19 City reaches $162,000 settlement in suit alleging that off-duty officer beat 12-year-old boy at shopping mall while making anti- Arab statements Barakat v. City of Chicago, U.S. Dist. Ct., N.D. Ill., Nov 1, 1995, reported in Chicago Sun Times, p. 12 (Nov 2, 1995).
      280:51 City and ambulance service liable for $16 million for death of obese woman allegedly dragged down stairs by officers serving her with civil commitment papers McCabe v. City of Lynn, U.S. Dist. Ct. D Mass, No 92-12179-NG, Jan 25, 1995, reported in 38 ATLA L.Rptr. No 10, p. 368 (Dec 1995).
      280:52 $1 million settlement in lawsuit by motorist who lost dexterity in both hands as a result of tight handcuffing following traffic stop Levine v. City of New York, N.Y. Bronx Co. Sup. Ct, #17942/86, March 28, 1995, reported in 38 ATLA L.Rptr. No 10, pgs 368- 369 (Dec 1995).
      287:164 Officer could not be held liable for failure to prevent another officer from allegedly pushing a 12-year-old girl down some stairs suddenly for "no reason"; if facts were as plaintiff alleged, there was no warning of this pushing and officer had no reasonable opportunity to intervene Joyner v. Taft, 920 F.Supp. 273 (D.Conn 1995).
      285:131 N.Y. jury awards $2 million to man who suffered brain damage when allegedly repeatedly beat on his head by officers who dragged him down a flight of stairs from his apartment. Grey v. City of New York, N.Y., Kings Co. Sup. Ct., No 9229/89, Oct 10, 1995, reported in 39 ATLA L. Rep.64 (March 1996).
      266:19 Jury awards $44 million against city to man who came to the assistance of officers attempting to apprehend teenagers; officer hit man in the head, mistakenly believing him to be one of the alleged offenders Annis v. City of New York, #31999/91, Oct 7, 1994 (Sup. Ct., Kings Co., N.Y.), reported in The Natl. Law Jour., p. A13 (Nov 21, 1994).
      267:35 Use of "pain compliance" techniques such as nonchakus to effect arrest of non-compliant anti-abortion demonstrators did not constitute excessive force; force used was reasonable in light of demonstrators' resistance, "substantial interest" in preventing "organized lawlessness," and officers' concerns about risk of injury to others Forrester v. City of San Diego, 25 F.3d 804 (9th Cir. 1994).
      267:36 Family of homeless man who died after officer applied a carotid choke hold on him awarded $470,000 in wrongful death/civil rights lawsuit. Scott Bennett-Nava v. City of Dublin, C931309CW, U.S. Dist. Ct. N.D. Cal Dec 2, 1994, reported in Vol. 107 (#242). L.A. Daily Journal p. 4 (Dec 16, 1994).
      268:51 City reaches $375,000 settlement with arrestees who claimed that officers beat and kicked them after they were handcuffed, following jury's determination of liability. Irigoyen v. City of Long Beach, SOC86776 c/w NC008291, L.A. Super. Ct., Cal. Dec. 8, 1994, reported in Vol 108 Los Ang. Daily Jour. (Verd. & Stl.), No 9, p. 5 (Jan 13, 1995).
      268:52 Trial judge awards Rodney King $16 million in attorneys' fees against city, disallowing portions of attorneys' fee request which included fees for time spent appearing on television talk shows, accompanying plaintiff to the movies, and going to the plaintiffs' birthday party. King v. City of Los Angeles, U.S. Dist. Ct., Los Angeles, Cal., Jan 13, 1995, Chicago Tribune, p. 19, Jan 19, 1995
      269:67 Tape recording of arrest and alleged beating of arrestee which revealed that officer directed a racial epithet at arrestee should have been admitted into evidence as it was relevant to the jury's task of deciding whether force used was reasonable under the circumstances; appeals court rules that exclusion of this portion of tape was an abuse of discretion requiring a new trial in civil rights suit brought by arrestee. Brown v. City of Hialeah, 30 F.3d 1433 (11th Cir. 1994).
      270:84 Officer who assaulted storekeeper after allegedly attempting to steal an item of merchandise from his store liable for $230,000; officer's partner could also be held liable for failure to intervene to prevent first officer's abuse of storekeeper. Yang v. Hardin, 37 F.3d 282 (7th Cir. 1994).
      273:132 Pennsylvania Supreme Court upholds $1,54344 jury award to arrestee on claim that officer used excessive force in making arrest; jury's failure to award damages for lost wages or pain and suffering did not require a new trial, as the issue of what damages resulted from officer's conduct was for the jury to determine. Catalano v. Bujak, 642 A.2d 448 (Pa. 1994).
      274:148 Jury awards $151,000 in damages to man allegedly beaten in his home by officers responding to complaint about domestic disturbance; trial judge awards $76,300 in attorneys' fees. Malloy v. City & Co. of Denver, U.S. Dist. Ct., D. Colo., No. 91 N 2136, Aug 8, 1994, reported in 38 ATLA L. Rep.No 2, p. 48 (March 1995).
      Mere fact that there was testimony by witnesses that they saw officers beat an arrestee using their hands, flashlight, and billy club, did not require judgment for plaintiff arrestee as a matter of law; issue of whether officers used reasonable force under the circumstances was for the jury to decide; judgment for defendant officers upheld. Estwick v. City of Omaha, 9 F.3d 56 (8th Cir. 1993).
      Officer did not use excessive force in grabbing an arrestee and throwing him to the floor, reinjuring a finger arrestee had fractured earlier playing basketball. Ford v. Retter, 840 F.Supp. 489 (N.D.Ohio 1993).
      Prior conviction for resisting arrest did not, standing alone, bar arrestee from filing suit alleging use of excessive force during the arrest. Kane v. Hargis, 987 F.2d 1005 (4th Cir. 1993).
      City settles Rodney King case for $38 million payment; plaintiff's claim for $4 million in attorneys' fees is still pending. King v. City of Los Angeles, reported in Chicago Tribune, p. 7 (Aug 4, 1994); The New York Times, Natl. Edit., p. 10 (Sept 11, 1994).
      Detainee who claimed he was beaten by deputy sheriffs to coerce his confession to killing off-duty deputy was barred from bringing excessive force civil rights claim; issue of whether detainee was beaten was previously decided by trial court in criminal proceeding which declined to suppress confession on grounds of coercion and could not be relitigated. Gray v. Farley, 13 F.3d 142 (4th Cir. 1993).
      Trial court improperly refused to instruct jury that law enforcement officer has a duty to intervene to prevent an assault by a fellow officer if he has a reasonable opportunity to prevent harm. Anderson v. Branen, 17 F.3d 552 (2d Cir. 1994).
      Officer did not use excessive force in hitting fleeing narcotics suspect three times on top of the head with police radio. Brawley v. Sapp, 811 F.Supp. 172 (D.Del. 1993).
      Jury awards $38 million against city in Rodney King case, and finds that two officers acted with malice in beating him, but declines to award punitive damages against individual defendants; former police chief dismissed as a defendant in case before it was sent to the jury King v. City of Los Angeles, U.S. Dist. Ct. L..A Calif, New York Times, p.1 (June 2, 1994).
      Motorist allegedly struck with a night stick and threatened with being shot during an arrest after he changed lanes without using a turn signal awarded $525,000 in damages. Cox v. Dist. of Columbia, U.S. Dist. Ct., D.D.C. No. 91-2004 (JHG), Apr 26, 1993, reported in 37 (2). ATLA L. Rep.49 (March 1994).
      Federal appeals court holds that state trooper's conduct in placing her hand around arrestee's neck and applying "moderate force" to restrain him when she thought he was rising from a chair in a threatening manner was objectively reasonable. Pride v. Dos, 997 F.2d 712 (10th Cir. 1993).
      Appeals court overturns $312,18719 award against transit police officer who allegedly used excessive force against female subway passenger; trial court improperly allowed plaintiff's attorney to introduce evidence of five unsubstantiated prior civilian complaints against officer. Kourtalis v. City of New York, 594 N.Y.S.2d 325 (A.D. 1993).
      State liable for trooper's "negligent" causing of injuries to 76-year-old motorist arrested for driving while intoxicated; trooper did not intend to cause injury, but mishandled motorist, given their relative strength, motorist's age, and the nature of the offense. LaBauve v. State, 618 So.2d 1187 (La App. 1993).
      Defense attorney awarded $114,880 against deputy she claimed battered her when she was at the county jail for the purpose of appearing at the video arraignment of her client. Mesecher v. Co. of San Diego, 12 Cal.Rptr.2d 279 (Cal. App. 1992).
      Four officers liable for a total of $50,000, two for beating arrestee after he dropped weapon and was handcuffed, and all four for conspiring to violate his rights Haner v. Brown, 983 F.2d 570 (4th Cir. 1992).
      Arrestee awarded $1,716,34980 by jury for officers' alleged excessive use of force while responding to domestic disturbance complaint; appeals court overturns award because of erroneous denial of defendant's request for jury instruction and prejudicial expert witness testimony Easley v. City of New York, 592 N.Y.S.2d 690 (A.D. 1993).
      Officer liable for $216,000 for excessive force used against arrestee who suffered fractured cheekbones from blow to the face; court overturns award for malicious prosecution and orders new trial on false arrest claim. Hygh v. Jacobs, 961 F.2d 359 (2nd Cir. 1992).
      Arrestees who claimed that they were repeatedly struck while handcuffed were entitled to a new trial after jury verdict in favor of defendant officers when testimony of a dozen witnesses supported their version of the events in question. King v. Davis, 980 F.2d 1236 (8th Cir. 1992).
      Homeless man allegedly beaten by transit police officers during an arrest awarded $475,000 for assault and battery. Svendsen v. Port Auth, N.Y., N.Y. Co. Sup. Ct., No. 3925/90, Oct 8, 1992, reported in 36 ATLA L. Rep.8 (Feb 1993).
      Two homosexual men could sue federal drug agents on claim that they arrested and assaulted them without provocation because of their sexual orientation; federal agents were not entitled to qualified immunity because they should have known that the alleged assaults on account of homosexual status were violations of the right to equal protection. Anderson v. Branen, 799 F.Supp. 1490 (S.D.N.Y. 1992).
      Award of $1625 million to man assaulted without provocation by several police officers was not excessive in light of his permanent disfigurement, later suicide attempts, and incapacity. Suarez v. City of New York, 589 N.Y.S.2d 10 (A.D. 1992).
      Federal appeals court upholds $366,320 excessive force award against two officers for beating an arrestee in custody while he was handcuffed to a chair. Niehus v. Liberio, 973 F.2d 526 (7th Cir. 1992).
      Female officer did not use excessive force in placing her hand around arrestee's neck when she believed that he was attempting to lunge at her while in custody; reports of his earlier alleged conduct and his threats against her gave her reason to believe that she needed to restrain him. Pride v. Kansas Highway Patrol, 793 F.Supp. 279 (D.Kan 1992).
      $243,500 settlement in suit over alleged police brutality during predominantly gay neighborhood AIDS demonstration Bringardner v. Cairns, No 920-290, Super. Ct., San Francisco, Cal, reported in Los Ang. Daily Jour., p. 3 (Oct 7, 1992).
      Illinois Supreme Court upholds $748 million award against city for officers' alleged excessive use of force against man injured in altercation in liquor store; plaintiff's alleged negligence in the incident could not be used to reduce an award based on the officers' "willful and wanton" conduct. Burke v. 12 Rothschild's Liquor Mart Inc, 148 Ill 2d 429, 593 N.E.2d 522, 170 Ill Dec 633 (1992).
      City liable for $16,491 to man battered by two police officers, even though all four police officers present were found not liable; court fond that two of the officers assaulted the plaintiff, but could not identify which two of the four defendant officers were responsible Perez v. City of Huntington Park, 9 Cal.Rptr. 2 258 (Cal. App. 1992).
      Man who shot and killed a police officer who was forcing his way into his home awarded a total of $15 million in damages against six officers; plaintiff alleged that officers beat him after both he and the officer were shot. Sanders v. Coleman, U.S. Dist. Ct. Indianapolis, Ind, reported in Chicago Tribune Sec 1, p. 7 (Nov 25, 1992).
      Arrestee who alleged he was beaten and choked while handcuffed receives $130,000 settlement in suit against officers and city Shoults v. Iwan, U.S. Dist. Ct., D.N.D., No AZ-91-197, May 14, 1992, reported in ATLA Law Rptr. 256 (Sept 1992).
      City settles for $127,000 suits by eleven alleging that officers attacked them at anti-war rally following "rap" concert. Gottschalk v. City of Chicago, U.S. Dist. Ct. N.D. Ill., reported in Chicago Sun-Times, p. 4 (May 8, 1992).
      Officers used reasonably necessary force in subduing driver who attempted to ram tractor-trailer into police vehicle. Williams v. Adams, 780 F.Supp. 635 (E.D. Mo 1991).
      Female arrestee awarded $30,000 on her claim that officer "kneed" her in the back; appeals court holds that even if arrest was based on probable cause, that would not justify excessive use of force alleged in suit. City of Homestead v. Suarez, 591 So.2d 1125 (Fla. App. 1992).
      Officers used excessive force in macing and beating 80-yearold arrestee with alzheimer's stopped for erratic driving; $65,000 compensatory and $200,000 in punitive damages were not excessive for injuries requiring nine day hospitalization. Fleck v. Caudill, 582 N.E.2d 385 (Ind App. 1991).
      Three officers liable for $125,000 in compensatory damages and total of $4,000 in punitive damages for alleged unprovoked assault on catering truck operator; evidence of plaintiff's prior arrests were properly excluded at trial. Street v. Parham, 929 F.2d 537 (10th Cir. 1991).
      Arrestees' claims of police assault were subject to Fourth Amendment objective reasonableness standard rather than due process standard when they had not yet been arraigned; Idaho Supreme Court holds that Graham decision should be applied retroactively. Grant v. City of Twin Falls, 813 P.2d 880 (Idaho 1991).
      Pregnant woman awarded $400,000 in damages for beating by officers, reduced from jury's initial award of $1 million; appeals court holds that $200,000 award for future damages was not excessive. Ruiz v. Gonzalez Caraballo 929 F.2d 31 (1st Cir. 1991).
      Damages of $100,000 was not excessive award to black man called a "pimp" and detained for three hours after officers assaulted and arrested him at hospital where he had brought his white stepdaughter for medical treatment. Bert v. Port Authority of NY and NJ, 561 N.Y.S.2d 416 (App. Div 1990).
      Robbery suspect allegedly punched, kicked, and racially insulted by officers who forced him to strip to the waist and placed him in a freezing room in an attempt to elicit a confession awarded $581,977 compensatory and $100,000 in punitive damages. Moore v. City of Philadelphia, 571 A.2d 518 (Pa/Cmwlth. 1990).
      Police officer's review of two police reports was an inadequate basis for his opinion testimony that an arrestee had a propensity for violence; new trial ordered on assault and battery case against officers Lombardi v. Graham, 794 P.2d 610 (Colo. 1990).
      Jury award of $650,000 in compensatory and $150,000 in punitive damages against officer for unjustified assault on arrestee was not excessive, federal appeals court finds. Ismail v. Cohen, 899 F.2d 183 (2nd Cir. 1990).
      Award of $1 million for two unprovoked beatings of grocer by officers upheld on appeal. DeLaCruz v. City of New York, 557 N.Y.S.2d 381 (A.D. 1990).
      Officer's pushing of arrestee back into chair while awaiting breathalyzer test was not excessive force. Evans v. Hawley, 559 So.2d 500 (La App. 1990).
      Officer liable for kicking arrestee in the groin while he was lying on his stomach; punitive damages not awardable for "loss of temper" Pastre v. Weber, 717 F.Supp. 992 (S.D.N.Y., 1989).
      Store owner assaulted by state troopers during unwarranted arrest awarded $27,256; co-owners who witnessed assault were not entitled to mental anguish damages. Fisher v. Dept of Public Safety, 555 So.2d 626 (La App. 1989).
      U.S. Supreme Court holds that claims against law enforcement officials for excessive use of force in making arrests are to be analyzed under a fourth amendment objective reasonableness standard. Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865 (1989).
      City was liable for death by beating of employee of club when policy allowed private clubs to police themselves. Horton v. Charles, 889 F.2d 454 (3d Cir. 1989).
      Fourth amendment reasonableness standard governed arrestee's claim for excessive force after arrest but before arraignment. Henson v. Thezan, 717 F.Supp. 1330 (N.D.Ill. 1989).
      Forceable taking of blood sample of DUI suspect was not unreasonable use of force. Hammer v. Gross, 884 F.2d 1200 (9th Cir. 1989).
      Trial court should not have told jury to consider officers' subjective state of mind on excessive force claim. Miller v. Lovett, 879 F.2d 1066 (2d Cir. 1989).
      New trial ordered when jury marked verdict form that excessive force was not used, but constitutional rights were violated. Skon v. Milstead, 541 So.2d 662 (Fla App. 1989).
      Force used by officer was reasonable when stopped motorist admitted resisting and resistance continued until he was subdued Gassner v. City of Garland, Tex,, 864 F.2d 394 (5th Cir. 1989).
      Arrestee who shot two officers alleged scheme of harassment of his "liberal life style" of "casual encounters with females"; police chief and supervisor not liable, claim against arresting officer for excessive force allowed to proceed. Cullen v. Mattaliano, 690 F.Supp. 93 (D.Mass 1988).
      Connecticut Supreme Court finds assault and battery lawsuit against officers barred by prior award of damages in federal civil rights lawsuit over same incident. Virgo v. Lyons, 551 A.2d 1243 (Conn 1988). Man falsely arrested and beaten by officers, who mistook him for a bank robber, awarded $275,000. Dist. of Columbia v. Gandy, 450 A.2d 896 (DC App. 1982).
      Mother may sue for damages on behalf of her injured fetus Douglas v. Town of Hartford, Conn, 542 F.Supp. 1267 (D. Conn 1982).
      Officer not liable for using violence necessary to contain female arrestee. Alberts v. City of New York, 549 F.Supp. 227 (S.D.N.Y. 1982).
      Quadriplegic alleges officers used excessive force when they arrested him for misdemeanor. Dauffenbach v. City of Wichita, 657 P.2d 582 (Kan. App. 1983).
      Supreme Court overturns injunction issued against LA police regarding use of choke holds. City of Los Angeles v. Lyons, 103 S.Ct. 1660 (1983).
      Officer used reasonable force when he "yanked" speeding motorist out of her car. Clark v. Dept of Pub. Safety, State of La., 431 So.2d 83 (La App. 1983).
      New trial ordered for determination of whether officers used excessive force when they flipped plaintiff to pavement causing him to become quadriplegic. Dauffenbach v. City of Wichita, 667 P.2d 380 (Kan 1983, on appeal from 657 P.2d 582).
      City does not have to indemnify officer held liable for kicking handcuffed arrestee. Rosignol v. Hirnschal, 463 A.2d 240 (Conn. 1983).
      Officers liable for arresting and beating plaintiff accused of stealing gas. Kelly v. Kane, 470 N.Y.S.2d 816 (App. 1983).
      Police could be liable for use of excessive force during arrest after called to scene by security guard. Linkogel v. Baker Protective Services, Inc, 659 S.W.2d 300 (Mo. App. 1983); on rehearing from 626 S.W.2d 380 (Mo App. 1981).
      City, chief, and officers could be liable for beatings during sobriety test. Caplinger v. Carter, 676 P.2d 1300 (Kan App. 1984).
      Force used during arrest was reasonable. Smith v. Giarrusso, 446 So.2d 343 (La App. 1984).
      Officer not guilty of pistol whipping plaintiff after highspeed chase. Ricard v. State, 446 So.2d 901 (La App. 1984).
      Section 1983 suit against police for intentional assault on intoxicated man to continue. Anton v. Lehpamer, 584 F.Supp. 1382 (N.D.Ill. 1984).
      Police beating case to continue to federal court despite availability of state remedies. Frost v. City and Co. of Honolulu, 584 F.Supp. 356 (D. Hawaii 1984).
      City not liable for on-duty officer's sexual assault, despite prior incidents. Wedgeworth v. Harris, 592 F.Supp. 155 (W.D. Wis. 1984).
      County dismissed from suit with past complaints of excessive force. Savage v. Dane County, 588 F.Supp. 1129 (W.D. Wis. 1984).
      Citizen complaints properly excluded as hearsay. English Clark v. Tucson, 69O P.2d 1235 (Ariz. App. 1984).
      Police chief's alleged sexual harassment of young trainees not grounds to think he trained his officers to do the same; police officer accused of grabbing woman by her breasts to remove her from car. Varelia v. Jones, 746 F.2d 1413 (10th Cir. 1984).
      Failure to intervene in police grounds for liability; those accused of beating dismissed from suit. Webb v. Arresting Officers, 749 F.2d 500 (8th Cir. 1984); on remand from 713 F.2d 405 (1983).
      Arrestee claims several officers beat him and threatened to kill him for shooting at one of them. Dobson v. Green, 596 F.Supp. 122 (E.D. Pa. 1984).
      No liability for police failure to intervene when fellow officer struck plaintiff; nighttime arrests pursuant to warrant upheld. Willhauck v. Halpin, 599 F.Supp. 282 (D.Mass 1984).
      Use of force on arrestee, even if he was resisting, was improper. Stratton v. Hatch, 597 F.Supp. 128 (D. Vt. 1984).
      Deputy liable for $10,000 punitive damages for injuries to bystander during his assault on someone else. Day v. Lea, 599 F.Supp. 25 (M.D. La. 1984).
      Former deputy sentenced for beating arrestee to death Gordon v. State, 681 S.W. 629 (Tex.App. 1984).
      Failure to conduct independent investigation of retail theft reported by security guard results in liability to city and police officer. Lusby v. T.G. & Y. Stores, Inc, 749 F.2d 1423 (1Oth Cir. 1984).
      Two officers liable for $30,000 for harassing and assaulting plaintiff following near collision with them. Flores Caraballo v. Lopez, 601 F.Supp. 14 (D.P.R. 1984).
      Arrestee may forcibly resist excessive force. Jackson v. State, 463 So.2d 372 (Fla.App. 1985).
      No showing of excessive force on arrestee seen with guns. Arnold v. State, 486 N.Y.S.2d 94 (A.D. 3 Dept. 1985).
      Plaintiff sues officers and city for assault; officers sue city for improper dismissal Arancibia v. Berry, 603 F.Supp. 931. (S.D.N.Y. 1985).
      Grabbing woman's arm to take her into custody for mental observation was excessive force. LeSavage v. White, 755 F.2d 814 (11th Cir. 1985).
      Officer not protected by state's 11th amendment immunity for alleged "willful" acts. Meola v. Machado, 602 F.Supp. 3 (D. Mass 1984).
      Evidence of conviction for resisting arrest admissible in assault and battery claim Banek v. Thomas, 697 P.2d 743 (Colo App. 1984).
      Court upholds $18,000 judgment against city for police misconduct Consolidated City of Jacksonville v. Teage, 424 So.2d 67 (Fla App. 1982).
      Citizen's aggressive reputation admissible in police assault suit. Bell v. City of Philadelphia, 491 A.2d 1386, (Pa. Super. 1985).
      Statistics on police complaints inadequate to allege policy; pleadings insufficient Strauss v. City of Chicago, 760 F.2d 765 (7th Cir. l985).
      Mental anguish and suffering from beating supports $900,000 award. Spell v. McDaniel, 606 F.Supp. 1416 (E.D. N.C. 1985). Police officer personally liable for batter; city's liability limited to $50,000. City of North Bay Village v. Braelow, 469 So.2d 869 (Fla. App. 1985).
      Mistaking diabetic for drunk and assaulting him results in liability against various defendants; city ordinance waiving immunity not inconsistent with state law. City of Philadelphia v. Middleton, 492 A.2d 763 Pa. Cmwlth. l985).
      $300,000 too much money to award for 73-year-old's injuries from police abuse. Smith v. City of Seven Points, 608 F.Supp. 458 (D.C. Tex. 1985).
      Police have duty to intervene when witnessing beating by private citizens. Armster v. City of Riverside, 611 F.Supp. 103 (D.C. Cal. 1985).
      Officers' military psychological exams ordered disclosed; counter suits given strong approval by court Smith v. City of New York, 611 F.Supp. 1080 (D.C. N.Y. 1985).
      Hiring officer knowing he hadn't completed state training not grounds for municipal liability. Vippolis v. Vil. of Haverstraw, 768 F.2d 40 (2nd Cir. 1985).
      Tape-recorded testimony of witness who died before trial inadmissible. Nicholson v. Rushen, 767 F.2d 1426 (9th Cir. 1985).
      Civilian Complaints protected by immunity. Miner v. Novotny, 498 A.2d 269 (Md. 1985).
      Punitive damages awarded against officers in excessive force case Lewis v. Downs, 774 F.2d 711 (6th Cir. 1985).
      Plaintiff can continue suit without certainty which police beat him. Rutherford v. City of Berkeley, (9th Cir. 1985); San Francisco Recorder, California, 11/22/86.
      Officer unsuccessfully sought to enjoin investigation of brutality complaint sworn to by minor. Walker v. Lindsey, 500 A.2d 1061 (Md. App. 1985).
      Breaking finger grounds to sue under Section 1983. Bowman v. Casler, 622 F.Supp. 836 (D.C. N.Y. l985).
      Two deputies sued for assaulting investigator not wanted at Christmas party. Moore v. Floro, 614 F.Supp. 328 (D.C. Ill 1985).
      Existence of team of officers with guns not grounds for section 1983 liability, absent physical injury. Gumz v. Morrissette, 772 F.2d 1395 (7th Cir. 1985).
      Force was reasonable in restraining speeding motorcyclist, whose finger and thumb were severed Johnson v. Pike, 624 F.Supp. 390 (N.D.Ohio 1985).
      Third-party claims of brutality properly admitted regardless of their validity; police chief conducted only "superficial" investigations of complaints. Fiacco v. City of Rensselaer, NY, 783 F.2d 319 (2nd Cir. 1986).
      Officer sued for brutality on female over drunk driving. Byrd, v. Clark, 783 F.2d 1002 (11th Cir. 1986).
      Important decision puts burden on police that force was reasonable. Valdrez v. Abney, 227 Cal.Rptr. 706 (App. 1986).
      Statements in disciplinary proceeding not admissible Maddox v. City of Los Angeles, 792 F.2d 1408 (9th Cir. 1986).
      No inconsistency in finding excessive force but no assault and battery. Waggoner v. Mosti, 792 F.2d 595 (6th Cir. 1986).
      No error in admitting prior arrests and drug use in excessive force suit. Lewis v. District of Columbia, 793 F.2d 361 (D.C. Cir. 1986).
      City grossly negligent in training on a multitude of areas Wierstak v. Heffernan, 789 F.2d 968 (1st Cir. 1986).
      Over $100,000 awarded for assault by officer with known violent propensities; attorney's fees exceed judgment. Brandon v. Allen, 645 F.Supp. 1261 (W.D. Tenn. 1986).
      Statute bars personal liability for police officers' negligent acts. City of North Bay Village v. Braelow, 498 So.2d 417 (Fla 1986).
      City vicariously liable for act committed outside jurisdiction; insurance policy doesn't provide coverage Lamkin v. Brooks, 498 So.2d 1068.
      Plaintiff's inability to identify officer in assault suit not grounds for summary judgment when there are witnesses Summerlin v. Edgar, 809 F.2d 1034 (4th Cir. 1987).
      Large number of merit less citizen complaints don't prove officer is violent; city not required to administer polygraphs to police following citizen complaints; and citizen review committees not necessary. Brooks v. Scheib, 813 F.2d 1191 (11th Cir. 1987).
      Police officer ordered to pay damages for malicious prosecution and assault of assistant fire chief, who allegedly "flipped off" officer en route to fire. Chapman v. Duraski, 721 S.W.2d 184 (Mo App. 1986).
      Complaint that police assaulted infant dismissed for failure to identify which officer committed the brutal act Santos v. City of New York, 515 N.Y.S.2d 58 (A.D. 2 Dept 1987).
      No showing city condoned police brutality or ignored citizen complaints. Stengel v. City of Hartford, 652 F.Supp. 572 (D. Conn. 1987).
      Police officer liable for $17,000 for allegedly beating plaintiff; city not liable. White v. City of Vassar, 403 N.W.2d 124 (Mich. App. 1987).
      Federal court rules bondsman is a "state actor" who can be sued under section 1983. Jackson v. Pantazies, 810 F.2d 426 (4th Cir. 1987).
      Jury could properly find that officer did not violate minor's constitutional rights despite officer's admission that he used excessive force. Trujillo v. Goodman, 825 F.2d 1453 (10th Cir. 1987).
      Over $100,000 awarded for kicking of arrestee in domestic disturbance, resulting in fractured leg. Hagge v. Bauer, 827 F.2d 101 (7th Cir. 1987).
      Court will not review case in which city will pay 11 million to man kneed in groin by police officer. City of Fayetteville, N.C. v. Spell, 824 F.2d 138O (4th Cir), cert. denied, 108 S.Ct. 752 (1988).
      Sexual assault : When is there liability by department or supervisors? Jeffrey Scott E v. Central Baptist Church, 242 Cal.Rptr. 128. (Cal.App. 1988); Kimberly M v. Los Angeles Unified School Dist., 242 Cal.Rptr. 612 (Cal.App. 1987).
      Award of $80,000 in compensatory, $185,000 in punitive damages was not excessive for use of excessive force on arrestee. O'Neil v. Krzeminiski, 839 F.2d 9 (2d Cir. 1988).
      Fetus was not a "person" entitled to bring civil rights suit on basis that officers allegedly beat him in womb when mother was nine months pregnant. Ruiz Romero v. Gonzales Carabello, 681 F.Supp. 123 (D. Puerto Rico, 1988).
      Former mayoral candidate arrested at forum awarded $30,000 for excessive force; loses on false arrest claim . Popham v. City of Kennesaw, 820 F.2d 1570 (11th Cir. 1987).
      Plaintiff in assault case could not appeal from portion of arbitration award once he agreed to arbitration of case and award was final. Supple v. City of Los Angeles, 247 Cal.Rptr. 554 (Cal.App. 1988).
      Arrestee can sue police officer for failure to aid him during alleged unprovoked beating at police station. Negron Riviera v. Diaz, 679 F.Supp. 161 (D. Puerto Rico, 1988).
      Wife of man who alleged police wrongfully beat him could not sue for mental anguish when she was not involved in incident. Soto Gomez v. Lopez Feliciano, 698 F.Supp. 28 (D.Puerto Rico, 1988).

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