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CONFIDENTIAL

Sep. 3, 2003

Civil Rights
False Arrest
Police Misconduct

Confidential

Settlement –  $400,000

Court

USDC Central


Attorneys

Plaintiff

Thomas E. Beck
(The Beck Law Firm)


Defendant

Neal Moore


Experts

Plaintiff

Thomas Streed
(technical)

Defendant

Joseph J. Callanan Jr.
(technical)

Facts

On Oct. 24, 1998, the plaintiff and his date girlfriend exited a movie theater in Huntington Beach when they came upon police officers conducting a traffic stop. The plaintiff asked his date who worked for the Garden Grove Police Dept. it if was unlawful for officer Mark Wersching to remove concealed beer from the bed of the pick-up truck, which was heard and objected by defendant Wersching. The plaintiff claimed that the police officers illegally detained him and then arrested him. He also claimed that while being interviewed at the scene, one of the officers threw him against a chain link fence. The plaintiff's criminal case ultimately went to trial, which resulted in a hung jury. The prosecutor elected to refile but ultimately dismissed the case. The plaintiff sued the City of Huntington Beach, Officer Mark Wersching, Sgt. Thomas Arnold, and Lt. Larry Miller alleging unlawful arrest, assault and battery and civil rights violations.

Settlement Discussions

The plaintiff demanded $500,000; the defendant offered $150,000. The parties settled for $400,000.

Injuries

After the plaintiff was released from custody, he went to the emergency room where he received treatment for cuts on his face and hands, spent several hours in jail and was falsely accused of smoking "pot."

Other Information

A mediation was held before R.A. Carrington.


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