Santa Monica Ordered to Pay Father of 4 $1.1 Million Over 2015 Pepper Spray Incident

SANTA MONICA, CA — A federal jury awarded a father of four who was pepper sprayed for allegedly resisting arrest for allegedly violating a parking curfew while charging his electric vehicle at a city charging station.

Justin Palmer was arrested the night of April 21, 2015 while he was charging his electric car at a Virginia Avenue Park charging station, according to police and Palmer’s attorney.

According to Santa Monica police, officers were making a routine check of the park at Pico Boulevard and Cloverfield and told Palmer he needed to leave because the park closed at 11 p.m. Police said Palmer refused to leave or provide any identification, and when officers tried to arrest him, Palmer “actively resisted,” prompting officers to use pepper spray.

Palmer later hired an attorney who claimed officers were overly aggressive in the arrest. He also said the park had not yet closed when Palmer was approached by police, noting that other people were in the park at the same time charging their vehicles at the station.

The City Attorney's Office refused to charge Palmer in the case. Palmer sued the city for civil rights violation, alleging excessive force was used during his arrest. On Sept. 2, a federal jury awarded Palmer $1.1 million in damages. The city is evaluating whether to appeal, Santa Monica police Lt. Saul Rodriguez said.

“The Santa Monica Police Department recognizes and respects the work of the court system and the jury’s decision in the Palmer case," Police Chief Jacqueline Seabrooks said. "We understand the verdict is not, in any way, a general criticism of the men and woman of the Santa Monica Police Department or of their work."

Patch editor Paige Austin contributed to this story. Patch file photo