Julia Alexander on behalf of the Estate of Henry O. Quade, Jr., et al. v. John Willett; Timothy Hettrich; Michael Lennon, et al.
Published: Sep. 23, 1995 | Result Date: Aug. 11, 1995 | Filing Date: Jan. 1, 1900 |Case number: C911338DLJ – $0
Judge
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Patrick J. Mahoney
(JAMS)
Experts
Plaintiff
Kenneth Hickman
(technical)
Robert D. Wald
(medical)
Defendant
Thomas C. Frazier
(technical)
Facts
On October 16, 1990, Henry O. Quade, Jr., was a 56-year-old unemployed recluse who lived in San Francisco. For three years before his death, Quade's neighbors complained to him about sewage leaking from his house onto their property. In June of 1990, the San Francisco Department of Public Health was notified by the neighbors of unsanitary conditions at the Quade house. During the next four months, various public health inspectors tried unsuccessfully to inspect Quade's house; he continually refused to admit inspectors. Other outreach workers (nurses, psychologists, and an adult protective services worker) also tried to assist Quade, as it was believed that Quade was mentally unstable and living in extremely unsanitary conditions; he refused. Health inspectors obtained an administrative-inspection warrant from the Court and served the warrant on Quade. When he refused again to allow entry, they obtained a forcible-entry-inspection warrant. On October 16, 1990, inspectors attempted to serve the warrant; they were accompanied by other city officials, including police officers, carpenters, plumbers, outreach workers, and a representative of the City Attorney's office. When a police officer approached Quade's house to serve the warrant, Quade yelled through the closed door that he had a gun and would use it if anyone tried to come in. The officer cleared the area and summoned backup from the Defendant San Francisco Police Department. When other police units arrived, a perimeter was established and negotiation attempts began with the use of a bullhorn. After nearly one hour of attempts to negotiate, and no response by Quade, Defendants Commander Michael Lennon and Captains John Willett and Timothy Hettrich, ordered the SWAT team to enter and detain Quade so that the premises could be inspected and Quade could be examined for further psychiatric observation. When the SWAT team entered, Quade emerged from a second-floor bedroom and waved a gun at the officers. After orders to drop the gun and after six seconds elapsed, Quade pulled the trigger twice; the gun misfired, and the police officers fired and killed Quade. Plaintiff Julia Alexander, 80 years of age and a resident of Santa Rosa, was Quade's cousin and filed this suit on behalf of the estate for the quality of life lost by Quade. Quade's lifestyle was abysmal; his house was filled with garbage and human waste; he had had virtually no contact with his distant relatives and his neighbors for years; and yet, he left an estate of nearly $2,000,000.
Settlement Discussions
Defendants contend they made no offers and Plaintiff demanded $3,000,000.
Specials in Evidence
not disclosed
Damages
Plaintiff asked the jury to award the funeral expenses and to decide upon an amount for the loss of Quade's life. Plaintiff counsel posed $10,000,000 to $20,000,000 as a range that could be considered.
Injuries
Death of cousin.
Other Information
Plaintiff had sued numerous members of the San Francisco Police Department for various state torts as well as for violations of Quade's federal civil rights. Judge Jensen granted Defendants' motion for summary judgment on the grounds of qualified immunity; the Ninth Circuit affirmed on all grounds except the civil rights claims against the individual commanding officers; Defendants' petition for writ of certiorari to the U.S. Supreme Court was denied.
Deliberation
1 day
Poll
7-0
Length
2 weeks
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