Trial Magazine

Late one evening, Chris Garza, 49, and others were working on a car in the parking lot of a tire store. City of Salem police officer David Baker pulled in and accused Garza of trying to steal the car. Garza responded and then walked away. Baker grabbed Garza’s right arm, pushed him toward the police car, and slammed him into the hood before handcuffing his arms up toward the back of his head. Garza suffered an injury to his shoulder joint, which necessitated arthroscopic surgery. He will likely require additional surgery. His medical expenses were approximately $150,000.

Garza sued the city and Baker, alleging excessive force, battery, and false arrest. The plaintiff did not claim lost income.

The jury awarded over $3 million, including $2 million in punitive damages.

Citation: Garza v. City of Salem, No. 3:22-cv-00721-HZ (D. Or. Nov. 9, 2023).

Plaintiff counsel: AAJ members Gregory Kafoury, Mark McDougal, and Jason Kafoury; and Adam Kiel, all of Portland, Ore.