James J. Brown v. City of San Bernardino, et al.
Published: Jun. 2, 2012 | Result Date: Feb. 10, 2012 | Filing Date: Jan. 1, 1900 |Case number: CIVDS1007751 Verdict – $75,000
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Dennis E. Wagner
(Wagner Zemming Christensen LLP)
Tristan G. Pelayes
(Law Offices of Pelayes & Yu, APC)
Facts
On April 23, 2009, plaintiff James J. Brown was present in San Bernardino Superior Court for a preliminary hearing in a criminal matter. Defendant San Bernardino police officers who were witnesses in the criminal case exchanged words with plaintiff in the court hallway. After a physical altercation the officers had plaintiff taken for a 5150 hold based on their opinion that he was a danger to himself. He was discharged from the facility after the hold because the medical staff determined there was no psychiatric basis for his continued detention.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he suffered a battery and false arrest by defendants Ryan Campbell and Jose Castro. He claimed that the officers pushed him to the ground without provocation and falsely claimed he was being detained for WIC § 5150 (psychiatric hold), as he was not a danger to himself or others.
Settlement Discussions
Plaintiff demanded $50,000. Defendant offered $20,000.
Injuries
Plaintiff suffered five hours of unlawful detention and minor physical injuries.
Result
Plaintiff's verdict for $75,000.
Other Information
Post-trial, the case settled for $160,000 including attorney fees.
Deliberation
three days
Poll
10-2 (for plaintiff on civil rights and battery)
Length
eight days
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