Denise Green v. City and County of San Francisco, San Francisco Police Department, Ja Han Kim, Sergeant; Esparza, Officer; Pedersen, Officer
Published: Nov. 14, 2015 | Result Date: Oct. 6, 2015 | Filing Date: Jan. 1, 1900 |Case number: 3:10-cv-02649-RS Settlement – $495,000
Court
USDC Northern
Attorneys
Plaintiff
Michael J. Haddad
(Haddad & Sherwin LLP)
Julia Sherwin
(Haddad & Sherwin LLP)
Defendant
James F. Hannawalt
(Office of the San Francisco City Attorney)
Dennis J. Herrera
(San Francisco Public Utilities Commission)
Facts
Denise Green filed a civil rights action against the City and County of San Francisco, the San Francisco Police Dept., Sergeant Ja Han Kim, and Officers Esparza and Pedersen, involving an alleged incident that occurred on March 30, 2009.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff, a MUNI operator, was driving home on March 30, 2009 at around 11:15 at night when she was pulled over by defendant Kim. Plaintiff complied. Defendant Kim and the other officers then started yelling orders at her. Plaintiff complied with the conflicting orders and noticed the officers had their guns pointed at her. An officer then handcuffed her while the other officers searched her vehicle. While this was happening, plaintiff was kneeling down on the concrete, and in great pain that when she was ordered to get up, she had difficulties doing so. An officer then grabbed her and forcefully pulled her off the ground, injuring her wrist. While she was sitting inside a squad car, MUNI buses and MUNI supervisor trucks passed and witnessed plaintiff handcuffed. Plaintiff was embarrassed for herself to have to be seen by co-workers handcuffed. Eventually, the officers released her after realizing their mistake. Plaintiff's car allegedly came up as "stolen" but further investigation revealed their mistake. Plaintiff, meanwhile, was unlawfully seized for about 20 minutes. Plaintiff then sued defendants, asserting causes of action for civil rights violations, intentional infliction of emotional distress, assault, and negligence causing personal injuries.
Result
The parties reached a $495,000 settlement.
Other Information
FILING DATE: June 16, 2010.
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