Jeremiah Murphy, Sean Murphy v. Joseph Gebbia, Nick Lafazio, City of Fort Bragg Police Department
Published: Aug. 5, 2003 | Result Date: May 21, 2003 | Filing Date: Jan. 1, 1900 |Case number: SCUKCVPO0287119 Verdict – $0
Judge
Court
Mendocino Superior
Attorneys
Plaintiff
Defendant
Steven C. Mitchell
(Geary, Shea, O'Donnell, Grattan & Mitchell PC)
Experts
Plaintiff
Donald P. Sullivan
(Jackson Lewis PC)
(technical)
Defendant
Donald S. Cameron
(technical)
Facts
The plaintiffs, father and son, Jeremiah and Sean Murphy, claimed that they were unlawfully arrested for public intoxication and that the officers used excessive force in arresting them. The son, Sean, with a blood alcohol level of 0.14, was detained in the back seat of the officers' patrol car when the father, an accountant, attempted to have his son released. The officers claimed that the father was also intoxicated and he was arrested after he attempted to grab the door of the police patrol car.
Settlement Discussions
The plaintiffs initially demanded $3,750,000 and, at trial $50,000. The defendants made C.C.P. Section 998 offer of $4,000.
Damages
The plaintiff father additionally claimed damage to his reputation, which included a loss of future earnings in the amount of $126,000. The plaintiff son sought damages for false arrest.
Injuries
The plaintiff father alleged that he sustained an abrasion to the elbow.
Other Information
The defendants submitted a cost bill of $11,500.
Deliberation
three days
Poll
9-3
Length
seven days
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