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CONFIDENTIAL

Dec. 10, 1994

Civil Rights
Police Misconduct
Illegal Search and Seizure

Confidential

Settlement –  $49,999

Judge

Edward A. Rafeedie

Court

USDC Central


Attorneys

Plaintiff

Patrick S. Smith
(Law Office of Patrick S. Smith)


Defendant

Timothy T. Coates
(Greines, Martin, Stein and Richland LLP)


Facts

On October 16, 1992, a warrant was procured, signed by a judge, and executed to search Plaintiffs' property while they were out of the country. Various items including 3 gold coins (valued at $400 each) and a small amount of drugs were seized by Defendant county deputies. The drugs were seized as contraband and the coins were seized as forfeitable proceeds of alleged drug sales. Plaintiffs were a 34-year-old housewife and her 38-year-old husband who was a farm worker.

Settlement Discussions

Plaintiffs contend that they initially demanded $25,000 increased to $60,000 and that Defendant initially made no offers and then offered $49,999.

Damages

$1,200 in gold coins.

Other Information

Plaintiffs moved for summary adjudication on the legality of the seizure of the gold coins; the Court granted the summary judgment in favor of Plaintiff and Defendant proceeded to settlement.


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