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Civil Rights
42 U.S.C. Section 1983
Warrantless Arrest and Seizure

Michael Garcia v. City of San Diego, William Lansdowne, Boyd Long, Mark Jones, and Does 1 through 50, inclusive

Published: Mar. 1, 2014 | Result Date: Jan. 15, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 3:13-cv-01481-LAB-WVG Bench Decision –  $5,000

Court

USDC Southern District of California


Attorneys

Plaintiff

Alexis Bastedo

Elizabeth Y. Grumet

Gerald B. Singleton
(Singleton Schreiber, LLP)


Defendant

Kathy J. Steinman
(Office of the San Diego City Attorney)


Facts

Michael Garcia sued the City of San Diego, San Diego Chief of Police William M. Lansdowne, former Assistant Police Chief Boyd Long, and current Assistant Chief Mark Jones in connection with the "Occupy San Diego" protests that occurred in October 2011. At the time of the incident, Long was the assistant chief, and Jones was a Captain charged with supervising patrol operations for the SDPD in the area around the Civic Center Plaza.

Contentions

PLAINTIFF'S CONTENTIONS:
Garcia, who previously worked in the financial industry and a political activist, participated in the Occupy protests in San Diego. Garcia contended that the protests occurred in and around the Civic Center Plaza.

Result

Defendants made a "Rule 68" offer of $5,000 to Garcia, which Garcia accepted. Therefore, the court entered judgment against the City of San Diego only, and in favor of Garcia, for $5,000 plus costs and fees.


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