Facts

On June 29, 2009, Shari Barman and Jane Stratton hosted a fundraiser at their home for congressional candidate Francine Busby. Pamela Morgan, along with several other guests, was in attendance when San Diego Sheriff's Department Deputy Marshall Abbott arrived to investigate a noise complaint. Abbott entered the home, contacted Barman, and asked for her name and date of birth.

Abbott contended that Barman refused to give her date of birth. Barman contended that she never refused to give her date of birth, but questioned Abbott again when he said he would arrest her if she refused to give it.

Abbott took hold of Barman's wrist and forced her to the ground. Abbott contended that he did so to keep Barman from walking away. Barman contended that she was not walking away. Barman stood up, but was taken down again by Abbott. Abbott contended that Barman either fell or was pulled to the ground by members of the crowd.

When guests moved closer and questioned what Abbott was doing, Abbott sprayed many of them in the face with pepper spray. Abbott contended that he did so because they refused to back away. The guests contended that Abbott sprayed them without saying anything and that they never refused to back away. Ms. Morgan was one of the guests that was sprayed. Plaintiffs claimed that Abbott also pushed Ms. Stratton into a wall and planter.

Abbott called for back up and several deputies arrived, along with a police dog and the sheriff's helicopter. Barman and Morgan were arrested, but not prosecuted.

PLAINTIFFS' CONTENTIONS:
Barman, Stratton, and Morgan filed suit against San Diego County and Deputy Abbott, alleging excessive force, false arrest of Barman and Morgan, unlawful entry of the home, and First Amendment violations. Barman contended that she only questioned why Abbott needed her birth date, and he responded by grabbing her by the arm and forcing her to the ground twice.

DEFENDANT'S CONTENTIONS:
Abbott contended that Barman refused to provide her date of birth, and that he used the pepper spray after the guests closed in on him. Abbott further contended that Barman and Morgan delayed and obstructed him.

Settlement Discussions

The settlement judge was Magistrate Judge Jan M. Adler who conducted three days of settlement discussions over several weeks.

Damages

Plaintiffs sought monetary damages, policy changes in the Sheriff's Dept., and other non-monetary damages.

Injuries

Barman suffered an injured shoulder and multiple bruises. Stratton suffered a bruised hip. Barman and Morgan suffered false arrests. All plaintiffs and claimants suffered from the effects of the pepper spray, as well as emotional distress.

Result

The parties reached a settlement of $1.2 million for three plaintiffs and five claimants. This amount included plaintiffs' attorney fees. Before the settlement discussions began, policy and training changes were implemented relating to sheriff's deputies' responses to noise complaints. The settlement also included the following: 1) sealing of the arrest records of Barman and Morgan, 2) a meeting between the undersheriff and Deputy Abbott, 3) a meeting between plaintiffs and Sheriff William Gore, and 4) plaintiffs will receive a letter of apology from Sheriff Gore.