Civil rights case against plainclothes officer. $710K. San Joaquin County.

Facts and Background

• Facts and Background:

  In 2011, when plaintiff was 16 years old, he was at a convenience store in Stockton with his mother and five-year-old sister. As plaintiff was trying to buy candy for his sister, the store clerk refused to accept his dollar bill because it was damaged. As plaintiff was discussing/arguing this with the store clerk, a person in line behind him told him to leave the store. That person was Officer Robert Johnson who was a City of Stockton Police detective in plainclothes and on duty at the time. Johnson did not have his badge where it was visible and plaintiff told him to mind his own business. (Some facts below are disputed, but dealt with in contentions sections. This narrative gives a timeline of the sequence of events.)

  As plaintiff was leaving the store, Officer Johnson pulled him back inside the store from behind. Plaintiff was taken to the ground where Officer Johnson pinned him with his knee and then delivered multiple punches to his face. Officer Robert Wong placed his foot on plaintiff's legs while this was happening. Once plaintiff was handcuffed, Officer Johnson took the back of his head and slammed his face into the tile floor. While plaintiff was handcuffed and laying on the ground, Officer Johnson kept his body weight on him by kneeling on him. Johnson and Wong did not call for an ambulance to come to the scene and they did not take plaintiff directly to the emergency room. Instead, they took him to the police station.

  Plaintiff was cited for trespassing and resisting arrest. Criminal charges were not advanced by the district attorney. Johnson wrote in his police report that he and the plaintiff were struggling and tripped over hand-held shopping baskets. Johnson did not write in his police report that he slammed plaintiff's face while he was handcuffed with his arms behind his back. Wong did not write in his police report that Johnson ever struck plaintiff. Video surveillance of the incident was captured.

  In the video surveillance, Johnson can be seen taking the hand-held shopping baskets out of the rack and placing them in the aisle at an angle. He then photographed the baskets and submitted them with his police report as evidence. Plaintiff's front two teeth were knocked out and a third tooth chipped. Plaintiff's bottom lip was split, requiring five stitches. Plaintiff had nightmares regarding the incident and treated with mental health counselors to assist him.

   

• Plaintiff's Contentions:

  Plaintiff contended that when he told Officer Johnson to mind his own business, Officer Johnson lost his temper and retaliated against plaintiff. Plaintiff claimed that he did not struggle or resist Officer Johnson in any way and that Johnson grabbed him from behind while he was leaving the store and took him to the ground. Once on the ground, Johnson pinned him with his knee and then delivered multiple punches to his face. After plaintiff was on the ground and handcuffed, Johnson grabbed his head from behind and slammed his face into the floor of the store. Plaintiff further contended that he lost his teeth as a result of being struck by Johnson or when Johnson smashed his face into the floor. Plaintiff further contended that the police report authored by Johnson was fabricated and had material omissions. The police report authored by Wong also had material omissions. Plaintiff claimed that the two officers collaborated in deciding what to write in their police reports and cited plaintiff with crimes he did not commit to explain away their misconduct. Plaintiff further claimed that Officer Johnson staged evidence at the scene and positioned the hand-held shopping baskets where they never were in an attempt to support his fabricated story that they tripped over them.

• Defendant's Contentions:

  Defendants contended that they had the right to arrest plaintiff for trespassing as it was evident that the store clerk wanted plaintiff out of the store. Defendants further claimed that Johnson and plaintiff struggled and tripped over hand-held shopping baskets, causing plaintiff to land face first on the tile floor which resulted in his teeth being knocked out.

  Defendants claimed that plaintiff was struggling while on the ground and that Johnson punched plaintiff in the face because he was concerned plaintiff would spit blood on him and wanted him to turn his face in the other direction to prevent this. Defendants claimed that Johnson never smashed plaintiff’s face into the floor, but was instead just turning him over. Defendants further claimed that he placed the hand-held shopping baskets in the aisle and took a picture of them to show a perspective on the width of the aisle. Defendants also claimed that Wong did not know what was happening and acted reasonably based upon the information he had.