FULLERTON, CA — Jones Mayer is proud to announce a complete defense victory in a Federal civil rights lawsuit on behalf of the County of San Bernardino and two of its deputies. The case involved claims of excessive use of force and false arrest, with the plaintiff seeking $5-10 million in damages following an incident that led to a broken arm and subsequent arm amputation at the elbow.
The case was tried in the United States District Court, Central District, by Jim Touchstone and Melissa M. Ballard, both Partners at Jones Mayer. The plaintiff alleged the deputies acted unlawfully during a tense encounter; however, evidence presented at trial showed the plaintiff aggressively confronted the deputies while they were investigating an active felony crime scene —screaming and cursing at close range—while the deputies tried to de-escalate the situation. While being detained, the plaintiff struck one of the deputies, causing the plaintiff to be taken to the ground and handcuffed. Plaintiff unsuccessfully claimed he was struck numerous times in the face and body while being handcuffed, which was disputed by the evidence. Furthermore, medical records revealed that the plaintiff had advanced osteoporosis, which contributed to the severity of his arm injury.
Multiple claims were dismissed on summary judgment. However, the remaining causes of action posed significant legal exposure due to potential attorney fee awards and high-dollar judgments. The County and deputies maintained their position throughout the case, electing to take the case to trial.
“This was a case with serious legal and financial risks, but we stood by our clients’ actions—and the facts and evidence demonstrated their actions were justified under the circumstances,” said Jim Touchstone, lead trial attorney. “The jury ultimately agreed that our deputies acted reasonably and lawfully, even under challenging and provocative circumstances they encountered in this incident.”
About the Attorneys
Jim Touchstone, Partner at Jones Mayer, is a seasoned trial attorney with extensive experience defending law enforcement personnel and public agencies in high-profile civil rights litigation. He can be reached at jrt@jones-mayer.com.
Melissa M. Ballard, also a Partner at Jones Mayer, is recognized for her work in complex civil rights and use-of-force cases. She can be reached at mmb@jones-mayer.com.
About Jones Mayer
Jones Mayer is a California-based law firm representing public entities and their employees in litigation, advisory, and trial matters. With offices in Fullerton and Citrus Heights, the firm is known for its work in civil rights defense, constitutional law, and public safety legal matters, serving cities, counties, and law enforcement agencies throughout the state.
For more information, visit www.jones-mayer.com or contact the firm at (714) 446-1400.