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Civil Rights
42 U.S.C. Section 1983
Wrongful Death

Jane Doe, a minor, by and through her Guardian ad Litem, Wilfred Scott v. Ryan Gill, Anthony Morgan, City of San Leandro

Published: Nov. 10, 2012 | Result Date: May 29, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 11-cv-04759(CW) Settlement –  $50,000

Court

USDC Northern


Attorneys

Plaintiff

Howard Moore Jr.
(Moore & Moore)

Wayne Johnson


Defendant

Tricia L. Hynes


Facts

Decedent was driving her vehicle when a vehicle driven by police caused her to hit a parked car. Police then shot decedent after the collision, killing her. Plaintiffs sued Defendants, alleging claims of wrongful death, violation of due process, and violation of Decedent's right to be free from unreasonable search and seizure.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff, a minor and the daughter of Decedent, contended that Decedent was unconscious in the car when police decided to shoot her. Plaintiffs also contended that police lied about Decedent using her vehicle as a weapon and about decedent fleeing with stolen beer in order to justify their use of force.

DEFENDANTS' CONTENTIONS:
Defendants contended that the use of force was justified because Decedent might have used her vehicle as a weapon.

Result

Settlement in the amount of $50,000.


#111658

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