LBAC Obtains Dismissal Of Excessive Force Case Against OCSD

On October 22, 2015, LBAC obtained a dismissal with prejudice in an excessive force case, Walton v. County of Orange, Case No. 30-2014-00752735-CU-CR-CJC. Plaintiff alleged that Orange County deputies used “excessive force and unreasonable deadly force” when he was tased multiple times during a routine traffic stop. Plaintiff further alleged that the deputies’ use of excessive and deadly force established that the County of Orange maintained an unconstitutional practice of excessive and deadly force against unarmed and non-dangerous persons. Based on these allegations, Plaintiff brought claims under both state and federal law.

The incident arose when a deputy pulled Plaintiff over for speeding and suspicion of DUI. The deputy’s dash cam captured Plaintiff refusing to obey commands to exit his vehicle, as well as Plaintiff’s ensuing struggle with the deputy. Subsequently, Plaintiff pled guilty to resisting a peace officer under Penal Code § 148(A)(1). LBAC used Plaintiff’s conviction to successfully argue that Plaintiff’s civil claims were barred by the holding of Heck v. Humphrey, 512 U.S. 477 (1994).