Verdict in Favor of the Defense
RPS Partner who tried the case: Priscilla F. Gunn
We represented: MOPERM/City of Bella Villa
Venue: St. Louis County
Plaintiff Luke Scherrer claimed that Officer Nazzoli used excessive force in the course of arrest by tasing Scherrer four to five times while handcuffed. Plaintiff Angela Sue Degonia claimed that she was the victim of malicious prosecution because Officer Nazzoli charged her with a City of Bella Villa ordinance violation for resisting arrest which was neither justified, nor which occurred within the City of Bella Villa.
Plaintiff Luke Scherrer was arrested in front of his house which was outside the city limits of the City of Bella Villa, after Officer Nazzoli observed him commit traffic offenses within the Bella Villa city limits. He claimed that the offenses were minimal, and that the force used was unjustified. Specifically, he claimed that after he was handcuffed, Officer Nazzoli tased him four to five times. Officer Nazzoli admitted to applying the taser because Mr. Scherrer was combative, and would not cooperate in allowing Officer Nazzoli to apply the handcuffs.
After witnessing the tasing, Mrs. Scherrer questioned various officers who were on the scene. She was placed in handcuffs and a police car after several witnesses testified that she was interfering with the arrest, and refused to back away from her husband. Mrs. Scherrer denied doing anything to interfere with her husband's arrest. While the events concerning her transpired outside of the City of Bella Villa, Officer Nazzoli charged her with City of Bella Villa ordinance violations. The claim was that the officer had no probable cause to charge her with a Bella Villa violation, when there was no probable cause to believe that the incident occurred in Bella Villa, or that the Bella Villa ticket was justified.
Defendants' verdict at trial.