Bruce Hopkins v. Armand Bonvicino, David Buelow, Nick Nguyen, City of San Carlos
Published: Jun. 4, 2011 | Result Date: Apr. 15, 2011 | Filing Date: Jan. 1, 1900 |Case number: 3:2005-cv-02932 Settlement – $150,000
Court
USDC Northern
Attorneys
Plaintiff
Anthony M. Boskovich
(Law Office of Anthony M. Boskovich)
Defendant
Todd H. Master
(Howard, Rome, Martin & Ridley LLP)
Experts
Plaintiff
Kathleen Akiyama
(medical)
Defendant
Jeffrey L. Gould
(medical)
Dale McNeil
(medical)
Facts
Officers Armand Bonvicino, David Buelow, and Nick Nguyen entered Bruce Hopkins' home after receiving information from a third party that Hopkins was involved in a car accident. Hopkins was then arrested.
After Hopkins' arrest, a blood alcohol test confirmed his intoxication beyond the legal limit.
Bruce Hopkins sued the city of San Carlos and officers Armand Bonvicino, David Buelow, and Nick Nguyen alleging civil rights violations connected with the officers' entry into his home without a warrant or probable cause.
Contentions
PLAINTIFF'S CONTENTIONS:
Hopkins claimed that the car accident was extremely minor and did not cause as much as a scratch on either of the vehicles involved. He also denied ever been drinking. The officers, Hopkins claimed, broke into his home with their guns drawn. He was handcuffed, removed from his home, and placed under arrest.
DEFENDANTS' CONTENTIONS:
The officers claimed they responded to a call from a woman who followed Hopkins to his home after an automobile accident. She claimed that Hopkins refused to exchange insurance information after he had crashed into her rental car. She also claimed and told the officers that Hopkins had difficulty walking and smelled of alcohol. The officers attempted to communicate with Hopkins inside his home, but were unsuccessful. Allegedly, they feared that Hopkins could be on the brink of a diabetic coma, and yelled through an open window that they would be entering to conduct a welfare check. Symptoms of a diabetic coma closely resemble alcohol intoxication. Officers contend they had to enter Hopkins' home with their guns drawn as a precaution because they were unsure of the dangers.
Injuries
Emotional distress and civil rights violations.
Result
The parties agreed to settle the matter for $150,000 prior to trial.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390