A case of mistaken identity led to the wrongful arrest and Tasering of Dana Point resident Skip Torrance in his bedroom on September 2008. Now, Torrance has settled his Orange County, California excessive use of force lawsuit against the county and the city of Laguna Beach for $380,000.
Torrance, says he was sleeping in his bed when he felt someone tug at his boxers. He woke up to discover Laguna Beach sheriff's Deputies Jason Mann and Jose Pelayo in his room. One of the officers shocked him with a Taser.
The deputies had gone Torrance's home because they thought he had participated in a brawl outside a Laguna Beach restaurant that had taken place earlier that evening. However, when the victims of that dispute saw Torrance they said that he was never involved.
The sheriff's deputies had sought Torrance out after a woman who saw him and thought he appeared suspicious contacted Laguna Beach police and gave them his license plate number. The police linked the description back to the incident at the restaurant.
Claiming that Torrance had lunged at him when they tried to apprehend him at his home, the deputies arrested him. He was transported to the Orange County jail before being released on bail. However, citing insufficient evidence, prosecutors ended up not charging Torrance with resisting a peace officer.
Under the terms of Torrance's Orange County, California excessive use of force and wrongful arrest settlement, the county is paying him $300,000 and the city of Laguna Beach is paying him $80,000.
Excessive Use of Force
Police officers are not allowed to use unnecessary or excessive force when detaining anyone. They also must respect a person's civil rights even if he/she has been arrested for, charged with, or convicted of a crime. Excessive use of force or police brutality can be grounds for an Orange County, California injury complaint. Not only can excessive use of force cause serious injuries, but the experience can be incredibly traumatic for the victim.
Man stunned by deputies in his bedroom gets $380,000, OC Register, November 19, 2010
A Victim of Mistaken Identity Upset by Deputies' Actions, Laguna Beach Independent, September 12, 2008
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Orange County, California
