42 U.S.C. (section) 1983: Excessive force: Unlawful search: Soft-tissue injuries: Verdict: Punitive damages

Law Reporter, Dec 1998

Garner v. Meoi, U.S. Dist. Ct., E.D. Pa., No. 96-1351, Apr. 15, 1998.

Police responded to a 911 call of a disturbance at Garner's home. Over his objection, two officers entered the home. An altercation occurred, and Garner was allegedly slammed against a wall. He was then arrested for assaulting a police officer and resisting arrest.

Garner, 34, suffered soft-tissue injuries to his neck and shoulder and emotional distress. His medical expenses totaled about $3,000. The owner of a landscape business, he missed about a year from work. His lost earnings were estimated at about $75,000.

Garner and his wife sued the officers under 42 U.S.C. 1983, alleging excessive force, false arrest, and unlawful search.

Defendants contended that a hole they saw in the home's wall and Garner's demeanor gave them exigent circumstances to enter the home. Plaintiffs' expert testified that the officers had not had exigent circumstances and should have obtained a warrant rather than forcing entry into the home.

The district attorney dropped criminal charges against Garner after experts for both sides concluded that the hole was caused by a police flashlight and could not have been observed by the officers before they entered the house.

The jury awarded about $996,800, including $750,000 punitive damages. Garner's wife received $93,000 for her loss of consortium.

Plaintiffs' expert witness was R Paul McCauley, police procedures, Indiana, Pa. Defendants' expert was Ronald Traenkle, police procedures, Cheltenham, Pa. Plaintiffs' Counsel:

*Jeffrey Cooper, Philadelphia, Pa.