James Alan Bush v. San Jose Police Officer Miguel Flores (#3881) [09-CV-01024]

All plaintiff (and some defendant) legal documents filed in a pending civil rights lawsuit against San Jose Police Officer Miguel Flores (#3881) for the use of excessive force during the course of an arrest, in which the officer broke the plaintiff's shoulder and fractured and shattered a rib after handcuffing the plaintiff. Two witnesses revealed prior to the assault that other officers notified them of their intent to assault the plaintiff upon falsely arresting him. The plaintiff beat all the charges brought against him by Officer Flores. Judge Richard Seeborg, the presiding judge in the civil matter, recently ruled that, based on the facts and evidence brought by both parties in the case so far, the force used by Officer Flores was excessive, and that the officer is not immune to prosecution (otherwise called qualified immunity). After making this determination, Judge Seeborg ordered the defendant to settle the case; however, the plaintiff rejected the nominal settlement offer. After having granted the plaintiff's request for the appointment of counsel, the judge stayed the case until counsel is appointed by the Federal Pro Bono Project. Accordingly, the plaintiff is now represented by private counsel.