Jurors rule in favor of Cottonwood man, Judge doesn't care.

By Tim Hearden

RED BLUFF -- Jurors here have awarded $12,750 to a 72-year-old Cottonwood man who sued three California Highway Patrol officers, claiming they roughed him up in his home in 2006.

The Tehama County Superior Court jury found that Redding CHP officers Joe Van Houtte and Greg Ziegler used excessive force while restraining plaintiff Jack Nolan after coming to his Garrison Road residence in search of a stolen motorcycle. The third defendant, Officer Jim Carter, was found not to be liable.

Nolan's suit claimed the officers continued to threaten him even after noticing his address was different from the one on their search warrant. The suit asserted Nolan was thrown to the floor and struck and kneed repeatedly in the head and neck.

While jurors found that the force that Ziegler used could be considered "justified under the circumstances," they said Van Houtte violated Nolan's Fourth Amendment rights. Nolan was awarded actual damages as well as $75,000 in punitive damages, the latter of which was later thrown out by Judge Joseph Harvey.

"This case is a civil rights case. This is about his (Nolan's) civil rights," said his Redding-based attorney, Michael Scheibli, during closing arguments on Friday. "It's not a personal injury case. This case was about whether or not Jack Nolan's Fourth Amendment rights" were violated, he said.

After a four-day trial, the verdict was announced late Friday and was filed with the Tehama County Superior Court on Monday. Neither Scheibli nor the officers' lead attorney, Deputy Attorney General Andreas Garza, could be reached Monday afternoon for comment.

In questioning and in closing arguments on Friday, Garza argued that when the officers arrived at his property on Jan. 13, 2006, Nolan already was angry at a neighbor for apparently vandalizing his property.

He said Nolan was screaming and waving his arms and took several steps when the officers restrained him, handcuffed him, stood him up and sat him in a chair. He noted that Nolan had testified he was "riled up."

"That's what he says, and that's what they saw .¤.¤. a very angry man," Garza told the jury. "They have seconds to react. They have to do something .¤.¤. to control the situation. They don't know what's happening on the rest of that property."

Nolan claimed in his lawsuit that Van Houtte and Ziegler came to the door and forced their way in, scaring his companion Diane Autry and his 2-year-old granddaughter. After exclaiming, "This isn't right!" he was thrown to the floor, aggravating a previous rotator cuff injury, the suit alleged.

Scheibli told jurors that officers had run a Department of Motor Vehicles check before entering the house and knew that Nolan was elderly. He said Nolan told officers, "You're at the wrong house," but still was shoved into a chair and the chair went into a wall.

"This is a 70-year-old man (in 2006) and these are big, strong men," Scheibli said. "I find it hard to believe they were in fear of this man

Nolan testified that injuries he sustained in the incident made it difficult to live everyday life, including caring for his two grandchildren. Using crutches to walk, Nolan had to be helped to the witness stand and used headphones to hear.

"It's just hard to not be able to do the things you did before," he said. "When you're 72 years old and you have two little grandkids to chase after, it makes it very hard."

In his suit, Nolan claimed that pummeling of his head and neck caused optical damage that required at least two surgeries. But Judge Joseph Harvey granted Garza's motion to disregard the eye injuries, agreeing they were unrelated to the incident.

Nolan initially was charged with obstructing or delaying a police officer, but the charge later was dropped, according to the lawsuit.