Confidential
Settlement – $7,500Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Facts
On Jan. 27, 1996, in the afternoon, the plaintiff, a 31-year-old investigator, returned to his house in Chatsworth accompanied by two friends. They all came in a small pick-up truck which contained pool equipment. The truck was parked on the street in front of the house which was located near the end of a cul-de-sac. Upon arriving, the plaintiff realized that he had left his house keys in Burbank, many miles away. Rather than return to get his house keys, the plaintiff removed the screen covering a street-facing bathroom window and crawled inside his home. He then let his friends in through the front door. A neighbor noticed how the plaintiff got into his house and, believing that the plaintiff was not her neighbor, telephoned the police to report what she had seen. Meanwhile, the plaintiff and his friends went to the backyard to play with the plaintiff's dog, a Rottweiler. A short time later, the defendant police officers arrived at the plaintiff's residence. Two of them went to the front area of the house and two others went to the rear, opening two gates to get into the enclosed rear yard. One of the officers rang the doorbell. The plaintiff walked to the front door area and opened it. When he did, the officer told the plaintiff to identify himself. The plaintiff, complied, showed his identification, and explained to the officer that he lived at the house but had forgotten his keys and gone in through the window. As the plaintiff was speaking to the officer, gunshots rang out from the plaintiff's backyard. The plaintiff had no idea that any officers had gone into or were in his backyard. The plaintiff was certain that his dog had been killed. The dog had been shot with a shotgun (approximately seven pellets) but was still alive. With substantial veterinary and personal care, the dog survived and has largely recovered. The plaintiff brought this action against the defendants based on a violation of civil rights (unlawful search and service) theory.
Settlement Discussions
The plaintiff made a settlement demand for $ ________. The defendants made a settlement offer of $ ________.
Damages
The plaintiff claimed $1,390 in veterinary bills and general damages for his upset and worry.
Other Information
The settlement was reached approximately eight months after the case was filed. The plaintiff moved for summary adjudication on liability claiming that there were no exigent circumstances based on the essentially undisputed abovenoted facts of the incident, and that, therefore, the city police officers had conducted an unlawful search and seizure. After the trial court denied the plaintiff's motion, the above noted settlement was reached.
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