NEWS FROM THE CITY ATTORNEY'S OFFICE
FOR IMMEDIATE RELEASE

April 3, 2001

FEDERAL JURY VINDICATES OAKLAND POLICE OFFICERS IN EXCESSIVE FORCE CASE

Oakland, CA—City Attorney John Russo announced that a federal jury rendered a verdict yesterday in favor of two Oakland police officers after deliberating for only about 20 minutes.

In this federal civil rights action, plaintiff Gary Waltenspiel alleged that two Oakland police officers wrongfully arrested him for committing battery and public intoxication in violation of his Fourth Amendment rights. He further claimed that the officers used excessive force in arresting him.

The incident occurred on September 26, 1999, at the Oakland Coliseum during the opening game of the Oakland Raiders’ season. Waltenspiel alleged that, for no reason, the officers punched him in the ribs and elbowed him in the forehead. He claimed that he sustained physical injuries, including a rib fracture, and that the incident caused him severe emotional distress.

Denying these allegations, the officers contend they arrested the plaintiff for committing a crime in their presence and that they used the amount of force that was reasonable and necessary to defend themselves against a hostile suspect.

Following a one-week trial, the jury deliberated for approximately 20 minutes and found in favor of both police officers and against Mr. Waltenspiel on the constitutional claims of excessive force and false arrest.

"On behalf of the City of Oakland, I am pleased that the jury vindicated these two officers and ruled against these baseless allegations," stated City Attorney John Russo.

"Furthermore, the jury’s verdict acknowledges the fine and professional service delivered by the Oakland Police Department on a daily basis, often under challenging circumstances."