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WLG Attorneys Obtain Another Defense Verdict

WLG Attorneys Obtain Another Defense Verdict

Posted Apr 23, 2019

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After a four-day jury trial in the U.S. District Court for the District of Arizona, Wieneke Law Group partners Kathleen Wieneke and Christina Retts obtained a defense verdict on behalf of their police officer client.

The Section 1983 false arrest/excessive force case was brought by a woman who received multiple skull fractures in an altercation with a police officer while resisting arrest.  The woman, who had gone to a convenience store to purchase lottery tickets, called the police to report alleged threats made against her by the store clerks.  When the woman became disruptive, the store clerks also called police, asking the police to trespass her from the property.   When the officer arrived, the woman refused to leave, and became argumentative.  Eventually, the officer had to use force to effect her arrest. During her resistance, she was injured.  

Before the case went to the jury, the court granted the officer’s motion to dismiss the false arrest claim, leaving only the excessive force claim to be resolved by the jury.  The jury deliberated for forty minutes before delivering a defense verdict for the officer, absolving him of all liability.

Kathleen Wieneke has achieved an AV® Preeminent™ Peer Review Rating by Martindale-Hubbell and is a Fellow of the International Academy of Trial Lawyers (IATL). She has spent over 30 years defending excessive force claims and litigating road design cases, amassing extensive experience and expertise.

Christina Retts has extensive experience defending law enforcement personnel against a broad range of civil claims, including cases involving excessive use of force, officer-involved shootings, TASER, less-lethal weapons, K-9 use, positional and restraint asphyxia, and wrongful arrest. Tina is also experienced with defending fire and corrections medical personnel against complex medical negligence claims.

About Wieneke Law Group:
Wieneke Law Group attorneys have represented Arizona governmental entities, their employees, school districts, elected officials, corrections personnel, and federal employees in a variety of matters ranging from civil rights claims involving allegations of malfeasance in office, police misconduct, failure to provide medical care, Bivens, and employment matters. Our vast experience allows us to provide high quality, cost-effective legal services to our clients.