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CONFIDENTIAL

Dec. 10, 1994

Civil Rights
Police Misconduct
Property Damage

Confidential

Settlement –  $5,000

Judge

Owen Lee Kwong

Court

USDC Central


Attorneys

Plaintiff

Maxcy D. Filer


Defendant

Michael Kent Fox


Facts

On January 29, 1992, a SWAT team entered Plaintiff owner's home on a murder warrant for his son. They used tear gas upon entering. No one was home at the time of entry; Plaintiff owner, his daughter, and his daughter's baby arrived as SWAT team members were cleaning up. Plaintiff owner's companion who lived at that residence arrived the following day. She was also named as a Plaintiff. The city was named as Defendant.

Settlement Discussions

Defendant contends that they offered $5,000 at the MSC and that Plaintiff demanded $50,000 reduced to $5,000 at the MSC.

Specials in Evidence

unknown

Damages

Plaintiff owner claimed $440 in property damage for broken glass and a broken doorjamb. Plaintiff resident claimed $100,000 in property damage for contents of house.

Injuries

Plaintiffs owner and resident claimed that their civil rights were violated. Plaintiff resident also claimed emotional distress requiring ongoing counseling.


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