San Diego, California – August 8, 2017. Carlsbad attorneys Golnar Fozi and Jeremy Dwork of Meyers Fozi, LLP, obtained a unanimous jury verdict in favor of three Carlsbad police officers accused of using excessive force in the course of arresting plaintiff Cindy Hahn in 2013, in an incident that was captured on video and widely reported on television and social media.
Evidence at trial showed that during a vehicle stop for a seatbelt violation in the parking lot of Magee Park, Cindy Hahn disobeyed multiple instructions from one of the defendant officers to stop walking up on him, to either sit on the curb or sit in the car. When she was finally placed under arrest for obstructing and impeding an officer, Hahn broke away from the arresting officer and ran, requiring the officer to give chase and to call for cover. Thereafter, Hahn resisted arrest until a back-up officer arrived and assisted in overcoming Hahn’s resistance and getting her handcuffed and in custody. During this process, a third officer arrived and conducted scene and crowd control. At trial, Hahn requested an award of more than $1,250,000 against these three officers. A jury of seven heard the evidence and determined that none of the defendant officers used excessive force in overcoming Hahn’s resistance, and returned a defense verdict on all counts.
Hahn’s lawsuit initially included claims by her husband and children, which were dismissed early on for failure to comply with the mandatory claim presentation requirements of the Government Claims Act. Thereafter, through partial summary judgment, the Court dismissed Hahn’s claims against the City under Monell, her claim for false arrest and malicious prosecution, and her claims against two other police officers who had arrived on the scene after Hahn’s arrest. The matter went to trial against three officers on an excessive force claim under 42 U.S.C. Section 1983, against two of the officers for Battery, and against one of the officers for alleged violations of the California Bane Act.
Hahn was represented by Ben Meiselas and David Gammill, from the law firm of Geragos & Geragos in Los Angeles. The City of Carlsbad and its police officers were represented by Golnar Fozi, Jeremy Dwork and Daniel Modafferi of Meyers Fozi, LLP in Carlsbad.
For more information on how the attorneys at Meyers Fozi can help you, your business or organization, please do not hesitate to call (760) 444-0039.