Newport Loses Damage Appeal in Drunk Test

SAN FRANCISCO —  A divided federal appeals court on Monday upheld damages against the city of Newport Beach for the forcible drawing of blood by police from a drunken-driving suspect who had belatedly agreed to a breath test.

In a 6-5 ruling, the 9th U.S. Circuit Court of Appeals upheld a $2,500 jury verdict against the city in favor of a man who said that police handcuffed him to a chair, held him down and threatened to throw him to the floor to get a blood sample. The driver, Timothy Hammer, said he first refused all tests but consented to a breath test before his blood was taken.

Judges in the majority disagreed about the grounds for the decision, however, leaving the standards for future cases in dispute.

Four judges, led by William Canby, said the jury’s finding of unreasonable force could be upheld by considering several factors, including the seriousness of the crime, a misdemeanor, and the danger to officers and the public, negligible at that point.

“The jury could have concluded that the consent (to a breath test) was genuine, rendering further use of force unreasonable,” Canby wrote.