Confidential
Settlement – $500,000Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Andrew C. Schwartz
(Casper, Meadows, Schwartz & Cook)
Defendant
Cheryl S. Adams
(Office of the San Francisco City Attorney)
Experts
Plaintiff
Thomas Streed
(technical)
Facts
On June 13, 2001, the decedent, a 23-year-old college student, was attending a movie at the Metreon Theater Complex with his 21-year-old girlfriend. The decedent had a history of mental illness but functioned in society on a high level and had no prior criminal record. The decedent had been acting somewhat irrationally for several days prior to the occurrence. On the night of the incident, the decedent lit a cigarette while seated in the back row of the theater. The decedent was asked to stop smoking by a Metreon employee and he refused to do so. The decedent's girlfriend became concerned due to the decedent's known mental illness and she called the decedent's mother on her cell phone for advice. His mother advised her to call 911 so that he could be hospitalized pursuant to Welfare and Institutions Code Section 5150. The girlfriend followed this advice, called 911 and advised the police dispatcher of the decedent's mental illness and of her need for assistance. While the girlfriend was calling for help, other calls had been placed to the San Francisco Police Department concerning the decedent and eight San Francisco police officers responded to the Metreon Theater complex. Upon their arrival, the officers were unsure as to where to respond within the Metreon Theater Complex. There was no chain of command and none of the officers were in charge of planning how to proceed. Some of the officers spoke with the girlfriend, who told them that the decedent was mentally ill. Other officers spoke to a Metreon employee who told them there was a problem with a patron in theater 14. Some of the officers knew that theater 14 had been emptied of patrons while other officers believed that theater 14 was still full with patrons. None of the officers requested that either the lights in the theater be turned on, or that the movie that was playing be turned off. It also appeared that there was virtually no communication between any of the eight officers as they charged into the darkened theater 14 with the movie playing loudly and with the decedent sitting alone and afraid in the back of the theater. Within seconds of the defendants storming the theater, approximately 30 rounds were fired by them mortally wounding the decedent.
Settlement Discussions
The case was settled through a mediation with Ellen James for a recommended amount of $500,000.
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