Johnson & Bell Shareholder Brian P. Gainer obtained a defense verdict in favor of his municipal clients, who faced multiple charges, along with a demand for significant monetary damages. In this case, the police officers responded to a traffic accident where they encountered the plaintiff, who had been involved in the accident. Plaintiff became combative on scene, to the point where several nearby civilians had to assist the police officers in holding the plaintiff down so that he could be handcuffed. Plaintiff alleged that the officers kicked, punched, tasered and pepper sprayed him without justification, causing him significant and permanent injuries. The officers maintained that the only force applied was a taser, which was reasonable under the circumstances. Plaintiff claimed the officers used excessive force, violated his First Amendment rights, and maliciously prosecuted him. The plaintiff demanded significant monetary damages for his physical injuries as well as for time spent in custody. After one hour of deliberations, the jury returned a defense verdict in favor of the officers and the municipality on all counts. Johnson & Bell Associate Monica Burkoth assisted with trial preparation in this case.
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