Facts

On March 15, 2011, agents of the California Department of Justice, Bureau of Firearms participated in a sweep to recover firearms registered to persons prohibited from possessing firearms under California law, including Jeremy Wells. Wells was required to turn in his guns or sell them to a licensed dealer under a domestic violence restraining order. The agents were informed that Wells had instead given his firearms to his uncle and aunt, plaintiffs Alan and Pamela Stimmell. The agents spoke with Pamela Stimmell, who confirmed that they had Wells' guns. But when the agents arrived at the Stimmell home, Alan Stimmell refused to turn over Wells' guns or consent to a search for the firearms, telling the agents to return the next day. When the agents insisted that they had to collect the guns immediately, Stimmell told them to get a warrant. Alan Stimmell then turned and walked away, toward his garage and home. The agents detained Alan Stimmell and conducted a "protective sweep" of the home. Two of the agents left to obtain a search warrant, and returned four hours later with the warrant. They provided the warrant to plaintiff and his two attorneys.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed their civil rights were violated when defendants detained Alan Stimmell and searched their home. Specifically, they contended the initial detention of Alan Stimmell, a subsequent protective sweep of the home, and the length of the detention all violated the Fourth Amendment. They also argued that Pamela Stimmell was unconstitutionally seized when she arrived and agents told her she could come into the house, but could not leave, and was thus forced to sit outside for the duration of the search. Plaintiffs argued that the search warrant was overbroad and obtained through misleading statements and material omissions, and therefore lacked probable cause.

DEFENDANT'S CONTENTIONS:
Defendants contended that they detained Alan because of safety concerns. They also contended that the warrant took long because of the time of day and availability of judges. The agents were initially looking for two guns in the Stimmell home, but their search ultimately yielded five handguns, six rifles and 600 rounds of ammunition belonging to the Stimmell's nephew.

Defendants contended that all of their actions were reasonable and did not violate any Fourth Amendment rights of plaintiffs.

Settlement Discussions

Plaintiffs' final demand was $400,000. Defendants' final offer was $25,000.

Damages

Plaintiffs claimed general damages for emotional distress, embarrassment, humiliation, invasion of privacy, and the security in their residence.

Result

Defense verdict.

Other Information

Plaintiffs' motion for new trial was denied on Oct. 30, 2013. A court ordered settlement conference took place before a magistrate judge three weeks before trial. The disparate views of respective counsel about the validity of the claims and resulting damages precluded settlement. FILING DATE: Dec. 23, 2011.

Deliberation

12 hours

Poll

7-0 (on all claims for relief)

Length

four days