Confidential
Settlement – $450,000Facts
On February 2, 1991, Defendant police deputies responded to a "man with a gun" call in the Carson area. Upon their arrival, Plaintiff was pointed out to them as the "man with a gun" as he drove away. Deputies then commenced a vehicular pursuit that ended when Plaintiff's vehicle lost its front right tire. Plaintiff exited the vehicle with no gun in sight and was ordered to get onto the ground. Plaintiff, a 29 year-year-old electronics assembler, attempted to tell the deputies that a recent surgery prevented him from doing as they had demanded. When he attempted to show a surgical scar by reaching toward his waist area, one Defendant deputy struck Plaintiff with his baton, the blow landing on Plaintiff's left cheek and eye. Additional baton blows to the torso continued as Plaintiff was forced to the ground where he sustained further injuries. No weapon was found on Plaintiff. Two guns were found in Plaintiff's vehicle.
Settlement Discussions
Plaintiff contends it demanded $1,000,000 and Defendants offered $450,000.
Specials in Evidence
$200,000 $800,000
Damages
Plaintiff claimed additional damages as follows: $500,000 pain and suffering; $500,000 civil rights and attorney fees.
Injuries
Facial fracture in 3 locations, involving severed nerves and requiring surgery; torn rotator cuff requiring surgery; deviated septum requiring surgery; neck and back soft tissue requiring physical therapy; headaches, dizziness, and tinnitus; emotional distress requiring psychotherapy.
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