Carlos Hutcherson, Tarasa Gates and Donald Walton v. City and County of San Francisco, Arshad Razzak, Raul Elias, fnu Yick, fnu Forneris, fnu Madrid, Does 1 through 50, inclusive, individually and in their official capacities as Police Officers for the City and County of San Francisco
Published: Jan. 18, 2014 | Result Date: Nov. 27, 2013 | Filing Date: Jan. 1, 1900 |Case number: 4:12-cv-06481-KAW Settlement – $125,000
Court
USDC Northern
Attorneys
Plaintiff
Adante Pointer
(Pointer & Buelna LLP)
John L. Burris
(Law Offices of John L. Burris)
Defendant
Warren Metlitzky
(Conrad Metlitzky Kane LLP)
Facts
Plaintiffs alleged that on two separate occasions police officers with the San Francisco Police Department entered rooms at the Henry Hotel in San Francisco, while guests inhabited the rooms. On both occasions the officers searched the rooms and its guests, including plaintiffs Carlos Hutcherson and Tarasa Gates.
Hutcherson and Gates filed suit against the City of San Francisco and various SFPD officers, alleging that the officers took possession of a hotel master key, and entered into rooms without consent and without a search warrant.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs asserted causes of action for violations of the Fourth and Fourteenth Amendments, and that the officers had performed unreasonable search and seizures.
DEFENDANT'S CONTENTIONS:
Defendants denied plaintiffs' claims, and asserted various defenses, including the consent and/or exigent circumstances exceptions to the 4th Amendment's warrant requirement.
Result
The the City and County of San Francisco agreed to pay $125,000, in exchange for plaintiffs dismissing their complaint against all parties, with each side to bear their own fees and costs.
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