Venson v. Altamirano

Record contained sufficient evidence to support jury’s verdict in favor of defendants-police officers in section 1983 action alleging that defendants subjected plaintiff to false arrest and malicious prosecution on drug possession and solicitation of unlawful act charges, based on defendants’ claim that they saw and heard plaintiff from 300 feet away yell “rocks, rocks” to passing motorist in attempt to sell crack cocaine. While plaintiff denied attempting to sell crack cocaine at time of his arrest, jury could properly credit defendants’ version of incident, and plaintiff otherwise failed to establish impossibility of defendants’ version of incident. Moreover, any inconsistencies with respect to defendants’ testimonies were appropriately resolve by jury. Record also showed that defendants had probable cause to arrest plaintiff based upon their personal viewing of incident, their claim that they saw plaintiff drop baggie containing crack cocaine at scene of arrest, and their understanding that reference to “rocks” was term for crack cocaine.