Jose Garcia v. City and County of San Francisco
Published: Jul. 3, 2015 | Result Date: Apr. 28, 2015 | Filing Date: Jan. 1, 1900 |Case number: 4:12-cv-02443-SBA Settlement – $50,000
Court
USDC Northern
Attorneys
Plaintiff
Andrew P. McDevitt
(Walkup, Melodia, Kelly & Schoenberger)
Matthew D. Davis
(Walkup, Melodia, Kelly & Schoenberger)
Defendant
Dennis J. Herrera
(San Francisco Public Utilities Commission)
Sean F. Connolly
(Office of the San Francisco City Attorney)
Facts
Jose Garcia sued the City and County of San Francisco following an gun shot injury to his leg.
Contentions
PLAINTIFF'S CONTENTIONS:
At approximately 2:00 am on September 17, 2011, Jose Garcia was walking on Broadway St. in San Francisco. He contended that he was behaving in a reasonable and lawful manner when he was shot in the leg by a member of the San Francisco police department. Plaintiff asserted causes of action for negligence and brought claims under 42 U.S.C. Section 1983, California Civil Code Sections 52, and 52.1.
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and contended that Garcia was struck by a ricochet bullet intended for a fleeing armed suspect.
Result
The Board of Supervisors for the City and County of San Francisco authorized a settlement payment of $50,000 and waiver of a $16,509 hospital lien.
Other Information
FILING DATE: May 14, 2012.
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