A jury will decide whether California Highway Patrol officers manhandled a 76-year-old man who suffered from slurred speech and balancing problems due to a stroke, a federal judge ruled.
Harrison Orr sued California, its Highway Patrol, and two CHP officers identified only by their last names - Brame and Plumb - alleging that his arrest violated state and federal law.
The officers claimed they thought Orr was under the influence of drugs.
Because there is a dispute as to whether Orr informed the officers in a non-threatening manner of his disability and inability to comply with their instructions, neither side is entitled to summary judgment, U.S. District Judge William Shubb ruled on Feb. 26.