Forbes v. City of Anaheim
Published: May 8, 1999 | Result Date: Jan. 29, 1999 | Filing Date: Jan. 1, 1900 |Case number: 762140 – $130,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Richard H. Geringer
(Law Office of Richard H Geringer)
Defendant
Experts
Plaintiff
Donald E. Reierson
(technical)
Daniel Silver M.D.
(medical)
Defendant
Steven Dennis
(medical)
Facts
On April 13, 1995, the Anaheim police responded to plaintiff's home following an incident where a motorcyclist fired several shots at the plaintiff's house. The plaintiff, a 40-year-old disabled man, voluntarily allowed numerous Anaheim police to search the entire house, inside and outside, for several hours. Two days later, the Anaheim SWAT team dressed in black ski masks and black uniforms burst into plaintiff's home at night, allegedly to serve a search warrant for stolen auto parts. None were found. The plaintiff opened the front door after hearing pounding on the door and was immediately taken down by a SWAT officer. The plaintiff did not resist. While the plaintiff was on the floor, lying face down with a SWAT officer on top of him, another unidentified police officer yanked plaintiff's arms forcefully upward, pulling them out of the shoulder sockets. When the plaintiff screamed in pain, a police officer stomped on his neck. The plaintiff was arrested for filing a false police report in a matter unrelated to the stolen auto parts, and taken to jail. The plaintiff brought this action against the defendant based on excessive force and negligence.
Settlement Discussions
The plaintiff made no firm settlement demand but indicated he would settle for his medical expenses. The defendant made a C.C.P. º998 offer of compromise for $5,000.
Specials in Evidence
$55,000 $70,000
Injuries
The plaintiff suffered a torn rotator cuff of his right and left shoulders requiring corrective surgery. (His right shoulder still has multi-directional instability, requiring future surgery) and aggravation of a triple fusion surgery in his cervical spine, requiring future surgery.
Other Information
the verdict was reached approximately two years and nine months after the case was filed. An arbitration was held on Nov. 5, 1997 before John Bergen, resulting in a $17,500 award for the plaintiff. The defendant requested a trial de novo.
Deliberation
one day
Length
six days
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