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Excessive Force Against Detainee By Police Upheld
Manuel Orsonio, who was arrested and never charged with a crime, filed a
State court lawsuit against Ernest Armond and two other Long Beach,
California police officers, alleging excessive force and negligent
infliction of emotional distress. Orsonio was awarded $282,000 in damages.
The police officers appealed.
The appellate court held that the police officers "owed a duty to Orsonio
to act in a professional manner towards him due to their "special
relationship" as law officers and that Orsonio relied upon this
relationship to protect him from harm. The Court further held that the
police officers were not qualifiedly immune as to use of excessive force
against Orsonio or the failure to stop such force. The trial court did not
abuse its discretion in allowing jurors who had questionable dealings with
law enforcement but were able to judge the case upon it's merits, without
prejudice. See: Orsonio v. Armond, Case No. B174092, 2005 WL 1634516
(Cal.App. 2 Dist., 2005) (Not reported in Cal.Rptr.3d).
State court lawsuit against Ernest Armond and two other Long Beach,
California police officers, alleging excessive force and negligent
infliction of emotional distress. Orsonio was awarded $282,000 in damages.
The police officers appealed.
The appellate court held that the police officers "owed a duty to Orsonio
to act in a professional manner towards him due to their "special
relationship" as law officers and that Orsonio relied upon this
relationship to protect him from harm. The Court further held that the
police officers were not qualifiedly immune as to use of excessive force
against Orsonio or the failure to stop such force. The trial court did not
abuse its discretion in allowing jurors who had questionable dealings with
law enforcement but were able to judge the case upon it's merits, without
prejudice. See: Orsonio v. Armond, Case No. B174092, 2005 WL 1634516
(Cal.App. 2 Dist., 2005) (Not reported in Cal.Rptr.3d).
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Related legal case
Orsonio v. Armond
| Year | 2005 |
|---|---|
| Cite | Case No. B174092, 2005 WL 1634516 (Cal.App. 2 Dist |
| Level | State Court of Appeals |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 282000 |
| Injunction Status | N/A |