Section 1983 Jury Trial
Jan 01, 2013OUTCOME: Not Guilty Verdict (win)
Plaintiff was walking home from a party on January 1, 2009 when he was approached by Defendant police officers. The officers saw him drop a duffle bag, lift his shirt, and say he was not carrying an ... y weapons. However, once it was determined that a shotgun was inside the duffle bag, Plaintiff fled into his home and did not open the door. Defendants were eventually able to knock down the door and arrest Plaintiff. During a bench trial on the criminal charges, Plaintiff was found not guilty. He then filed this Section 1983 lawsuit, alleging excessive force, false arrest, and malicious prosecution. In addition to being incarcerated for several months, Plaintiff claimed he sustained a head injury from being hit by an officer’s weapon and also suffered wrist damage. The defense asserted the officers’ conduct was reasonable because Plaintiff dropped a bag containing a shotgun, the officers pursued him on foot to his home to effectuate the arrest, and he was not struck by any officers. Not guilty verdict.
