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Civil Rights
Police Negligence
Excessive Force

Jean Miller v. County of Butte, et al.

Published: Feb. 21, 2009 | Result Date: Jan. 22, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 2:00-CV-01733-EJG-JFM Verdict –  Defense

Court

USDC Eastern


Attorneys

Plaintiff

Kenneth N. Frucht
(Geonetta & Frucht LLP)


Defendant

Michael R. Deems


Experts

Plaintiff

Mark I. Levy
(medical)

Donald P. Sullivan
(Jackson Lewis PC) (technical)

Ronald H. Roberts Ph.D.
(medical)

Defendant

Claude S. Munday
(medical)

Jared Zwickey
(technical)

Facts

On Aug. 14, 1999, Jean Miller complained to the police about the towing of her vehicle. Ultimately, sheriff deputies arrested her. Later, Miller sued the deputies and the county of Butte, alleging violation of her Fourth Amendment rights and excessive force.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the deputies used excessive force when they hit, kicked, and stun-gunned her while she was handcuffed.

DEFENDANTS' CONTENTIONS:
The defendants argued that the police used reasonable force and that plaintiff assaulted them.

Injuries

Miller claimed traumatic brain injury and psychiatric injury.

Result

The jury returned a verdict in favor of the defense.

Deliberation

five hours

Length

six days


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