Piccuta Law Group Files New Civil Rights Law Suit Alleging Police Excessive Force Against City of Concord Police
Piccuta Law Group Files New Civil Rights Law Suit Alleging Police Excessive Force Against City of Concord Police
Earlier this week, on September 10, 2018, Piccuta Law Group filed a new civil rights lawsuit. The lawsuit was filed in federal court against six police officers from the City of Concord Police Department. The case is entitled A. J. v. Zachary Brickell, Samuel Figueroa, Bryan Franks, David Payne, Justin Riche and Carleen Vinum. The lawsuit was filed in the United States District Court for the Northern District of California and designated case # 3:18-CV-05526. The case has been assigned to Judge Yvonne Gonzalez Rogers.
The Allegations in the Civil Rights Lawsuit Filed by Our Monterey Civil Rights Lawyers
The firm’s client was a disabled veteran. The client served in the United States Navy and fought in the Gulf War. However, in the early morning of September 11, 2016, the client was arrested at a hotel in Concord for a civil disturbance. He was then transported to the City of Concord Police Department for booking.
The lawsuit alleges, that while in custody and in a holding cell, multiple officers beat the client severely. He received multiple close fist blows and elbow strikes to his face and head and was slammed to the ground. The beating was so severe that emergency medical technicians were called to the scene. The client was then transported to the emergency room by ambulance.
The lawsuit also claims that as a result of the beating, the client sustained: a fractured right orbital (eye socket), a crushed nasal cavity (broken nose), a torn right bicep, knocked out front teeth (veneers), a herniated disc in his lower back, an aggravation of a previous knee injury, an aggravation of a previous clavicle injury, a concussion, closed head injury, cuts, bruises and abrasions. The client required surgeries to repair his broken nose, his torn bicep and his lower back. He received extensive dental work to fix the damage done to his front teeth. The client received pain injections in his injured knee and is expected to undergo even more surgeries in the future as a result of the beating.
Photo of the incision required to repair the bicep tendon:
The involved officers filed police reports charging the client with violations of California Penal Code 148(a)—misdemeanor resisting/obstructing a peace officer and California Penal Code 243.1—battery on a custodial officer. The charges for battery on a custodial officer were dropped by the district attorney but the client was criminally prosecuted with resisting a peace officer. The client went to trial on the resisting arrest charge and was found not guilty.
The Legal Claims Set Forth In the Civil Rights Lawsuit Filed by our Monterey Civil Rights Lawyers
The lawsuit, filed by our Monterey civil rights attorneys, alleged that the City of Concord police officers falsely reported the events. The complaint further claimed that the officers fabricated what happened and made the decision to do so together to cover up their wrongdoing. Our attorneys advanced the following claims under 42 U.S.C. § 1983: 1) retaliation in violation of the client’s First Amendment right to free speech; 2) malicious prosecution in violation of the client’s First and Fourth Amendment rights; and 3) police excessive force in violation of the client’s due process rights under the Fourteenth Amendment.
The lawsuit seeks over 1 Million dollars in compensation for the client’s damages. Our attorneys have also requested punitive damages to punish the officers and deter them from similar conduct in the future. A trial by jury has been demanded and our civil rights attorneys look forward to presenting the case to others who will make a fair and impartial decision.
Click the following link to read a copy of the lawsuit. A.J. v. City of Concord Police Lawsuit
Contact One of Our Civil Rights Lawyers For a Free Case Evaluation
If you or a loved one were the victim of police brutality or other law enforcement misconduct, contact our attorneys today. Our attorneys have been successful in pursuing civil rights cases throughout all of California and have achieved stellar results both by settlement and verdict. We also regularly handle cases in Arizona. Our lawyers handle a variety of cases including, but not limited to: prisoner cases, police brutality, unlawful arrest, correctional officer sexual abuse, law enforcement excessive force, malicious prosecution, violations of the First, Fourth, Eighth and Fourteenth Amendments, Bivens Claims, FTCA claims, Bane Act violations, among several others. Call us today for a free case evaluation.
About the author: The content on this page was authored and prepared by attorney Charles Tony Piccuta. He graduated with honors from Indiana University-Maurer School of Law in Bloomington in 2006 (Ranked Top 35 US News & World Report 2018). Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He is a trial attorney that regularly handles civil rights lawsuits and serious personal injury cases. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is a member of the Consumer Attorneys of California, American Association for Justice, National Police Accountability Project and Arizona Association of Justice, among other organizations.
Disclaimer: The information on this web site is for informational purposes only and does not create an attorney-client relationship. If you are seeking legal advice, you should contact one of our attorneys and discuss your specific case and issues.
Sources:
[1] https://cand.uscourts.gov/home
[2] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=148.&lawCode=PEN
[3] http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=243.1.&lawCode=PEN
