by Christopher Zoukis

A civil suit brought by a 19-year-old California student against the City of Oakland for excessive force and severe injuries by Oakland police resulted in a $750,000 settlement.

On July 28, 2005, Sophone Phanthavady was reported to police after being seen walking down the street naked, singing and talking to himself. When the first officer arrived, Phanthavady was acting aggressively, so he tried firing his Taser at the man but missed. When two more officers arrived and ordered Phanthavady to get on the ground, they both shot their Tasers at him. After turning him onto his stomach, one of the officers applied his Taser directly into his back so that he could be handcuffed.

Phanthavady was taken to a nearby clinic, then to a hospital emergency room to treat a heart problem. A doctor there found that he had third-degree burns on his thigh, chest and abdomen from being held down on the hot asphalt. Phanthavady remained at the hospital for two months while doctors grafted skin from his back and applied it to the burned areas, resulting in permanent scarring.

Phanthavady sued the City of Oakland, Police Chief Robert Pasero, Officer Baker, Sergeant Tolle and Sergeant Vlach in federal court for violating his civil rights by using excessive force. He also sought to recover a $150,000 Medi-Cal lien and damages for pain, suffering and emotional distress. The city argued that Phanthavady was responsible for all of his injuries because he failed to comply with the officers' orders. Both parties agreed to a universal out-of-court settlement of $750,000.

See: Phanthavady v. City of Oakland, et al., United States District Court for the Eastern District of California, Sacramento Division, Case No. 06-01246 LKK DAD (June 18, 2007)

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