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Civil Rights
False Arrest
Malicious Prosecution

Lorenzo Hall v. City of Oakland, a municipal corporation; Ramon Alcantar, individually and in his capacity as a police officer for the City of Oakland

Published: Mar. 5, 2011 | Result Date: Oct. 4, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 3:09-cv-01047-MMC Verdict –  $175,000

Court

USDC Northern


Attorneys

Plaintiff

Adanté Pointer
(Pointer & Buelna LLP)

Benjamin Nisenbaum
(Law Offices of John L. Burris)


Defendant

Aimee G. Hamoy-Perera
(Kaufman, Dolowich & Voluck)

John J. Verber


Facts

On June 23, 2006, Oakland Police Dept. officer Ramon Alcantar responded to a confidential informant's tip that an armed man was in a crowd of people outside of a home where a wake was taking place. Alcantar detained Lorenzo Hall and others who were standing in the crowd. Alcantar displayed a gun that he allegedly recovered from Hall, and then arrested Hall for a parole violation and criminal firearm possession. Hall was placed in jail were he remained for four months, and was remanded to custody for another 19 months when the district attorney amended the criminal charged to add a third strike allegation. Subsequently, the charges were dropped, and Hall was released from custody. The jury was not allowed to hear evidence that plaintiff was a felon.

Hall filed an action against the City of Oakland and Alcantar, alleging false arrest and malicious prosecution under the Civil Rights Act.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff argued that he was not armed and that Alcantar lied about recovering a gun from plaintiff. Further, plaintiff alleged that Alcantar filed a false police report about plaintiff, who Alcantar knew before the arrest and specifically targeted. Last, plaintiff argued that plaintiff did not fit the description of the suspect because plaintiff had dreadlocks.

DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff met the description of the suspect and that Alcantar in fact recovered the gun from Hall's person. Defendant contended that the confidential informant's identity could not be released due to a fear for the informant's safety. Defendant further contended that the District Attorney dismissed the criminal charges against Hall for the safety and protection of the informant.

Result

The jury awarded plaintiff $175,000 against Alcantar. The case settled for $300,000 as to all defendants, including attorney fees.

Deliberation

2.5 hours


#104533

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