Facts

In 2004 and 2005, 16 Vietnamese and Chinese women brought an action against the city of Oakland and police officer Richard Valerga. Plaintiffs alleged that Valerga would pull the women over without cause and have them sit in the front of his police car. Plaintiffs then claimed that he would either molest them by caressing their upper thighs or genitals, take photos with his cellular phone, and obtain their cell phone number so he could contact them. Plaintiffs also stated that Valerga's conduct would worsen if the women spoke little English and was unsophisticated. Valerga was convicted for his criminal conduct.

The plaintiffs brought an action pursuant to 42 U.S.C. 1983, claiming violations of both the Fourth and Fourteenth Amendments.

PLAINTIFF'S CONTENTIONS:
The plaintiffs asserted that they were victimized due to their race, ethnicity, and gender. They further claimed that different officers were aware of Valerga's conduct and that two of the plaintiffs stated that officers saw them in Valerga's car. They also asserted that Valerga was engaging in such conduct for many years.

DEFENDANTS' CONTENTIONS:
The defendants asserted that Valerga did not act inside the scope and course of his work when he engaged in this unlawful conduct and that the police department took reasonable action to protect the public from Valerga's conduct.

Damages

The plaintiffs demanded damages due to emotional distress and for violations of constitutional protections.

Result

A mediated settlement took place, resulting in payment of $2 million by the city to the plaintiffs.