John Williams Steves v. Kenneth Jacobs, Kimberly Lemire
Published: Mar. 8, 2014 | Result Date: Dec. 11, 2013 | Filing Date: Jan. 1, 1900 |Case number: 30-2012-00581735-CU-NP-CJC Verdict – $1,229,180
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Jeffrey N. Redd
(Law Office of Andrew W Macrae)
Experts
Plaintiff
Sheryl Woodhouse
(medical)
Emery Gilbert May
(technical)
Facts
On Dec. 6, 2011, plaintiff John Williams Steves' children, ages 14 and 15, were removed from his home by defendants Kenneth Jacobs and Kimberly Lemire. Plaintiff verbally protested the defendants' actions and an altercation ensued. The police were called to the scene and defendants signed a citizen's arrest form. Plaintiff was then taken to jail, and charged with assault, battery, aggravated assault, child abuse and endangerment. Plaintiff plead not guilty to the charges, and the charges were later dropped.
Plaintiff filed suit against defendants, claiming malicious prosecution.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that after a drunk driver killed his wife in Feb. 2011, his children began acting out. Plaintiff claimed that defendants took it upon themselves to take plaintiff's children when they were grounded, and refused to give the children back to plaintiff.
Plaintiff called the police and when they showed up the defendants told the officers false facts and signed a citizen's arrest form for plaintiff to be taken into custody. Plaintiff was then taken to jail, and then charged with assault, battery, aggravated assault, child abuse and endangerment.
Plaintiff's children were removed from the home for eight months. Plaintiff claimed that defendants told the police false facts to avoid their own arrests.
DEFENDANT'S CONTENTIONS:
Defendants claimed they were justified in signing for a citizen's arrest and did not intend any malice. Lemire contended she and plaintiff's decedent wife had been friends.
Settlement Discussions
Plaintiff's offer to settle before trial was denied.
Result
The jury returned a verdict for plaintiff and awarded $1,229,175. Defendants were found jointly and severally liable for malicious prosecution.
Other Information
FILING DATE: July 6, 2012.
Deliberation
one hour
Length
18 hours
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