Hygh v. Jacobs

Plaintiff-Appellee / Cross-Appellant visited a friend’s home and an argument ensued between Plaintiff-Appellee / Cross-Appellant and his friend. Plaintiff-Appellee / Cross-Appellant left the home, removed a propane tank that was attached to the house, and placed the tank on the ground. Plaintiff-Appellee / Cross-Appellant’s friend called the police and Defendant-Appellant / Cross-Appellee, a police officer, arrived. After Defendant-Appellant / Cross-Appellee’s arrival, a “heated exchange” took place between Plaintiff-Appellee / Cross-Appellant and the officer. The argument progressed into a shoving match, and eventually Plaintiff-Appellee / Cross-Appellant was told by Defendant-Appellant / Cross-Appellee that he was under arrest. Defendant-Appellant / Cross-Appellee, at some point during the conversation with Plaintiff-Appellee / Cross-Appellant, struck Plaintiff-Appellee / Cross-Appellant in the face. Plaintiff-Appellee / Cross-Appellant claims he was struck while bending over; Defendant-Appellant / Cross Appellee, however, claims that he hit Plaintiff-Appellee / Cross-Appellant in self-defense, after Plaintiff-Appellee / Cross-Appellant had shoved him. Plaintiff-Appellee / Cross-Appellant suffered fractured cheekbones as a result of the blow, and was taken to a hospital where plastic surgery was performed. the surgeon eventually would testify, at trial, that a blow from, “a blunt instrument of some sort” was the normal cause of injuries such as those of Plaintiff-Appellee / Cross-Appellant. At trial, Defendant-Appellant / Cross-Appellee testified that he had a flashlight in his hand during the altercation, as he had responded the call when it was dark. Also at trial, Terry C. Cox (Cox) testified as an expert witness; Cox was a university professor when he gave his testimony. Cox stated that in his opinion, using a flashlight as a weapon, “greatly increased the risk of physical injury posed by the use of a baton or nightstick.” Also at trial, Cox testified that, in his opinion, Defendant-Appellant / Cross-Appellee had used “deadly physical force” when such a level was not “warranted under the circumstances.” Finally, Cox testified that Defendant-Appellant / Cross-Appellee’s actions where “totally improper.” The jury awarded Plaintiff-Appellee / Cross-Appellant $216,000.00 for excessive force, $65,000.00 for false arrest, nominal damages in the amount of $1.00 for malicious prosecution, and $1,000.00 for punitive damages.