Facts

A Hells Angels member was suspected of having beaten a man to death at a strip club in August 1997. Other Hells Angels members were suspected of hiding evidence related to this murder. Hence, in October 1997 and January 1998, the clubhouse of plaintiff San Jose Charter of the Hells Angels Motorcycle Club and the homes of certain members were subject to search warrants issued pursuant to the murder investigation. The January 1998 warrants were executed by police officers from defendant City of San Jose and defendant Santa Clara County Sheriff's Office.

The warrants permitted the seizure of any evidence of membership in Hells Angels, and officers seized everything that bore an indicia of Hells Angels. As a result, they seized clothing, jewelry, plaques, clocks, artwork, pictures, letters and several Harley Davidson motorcycles. Officers removed truckloads of personal property and rented off-site storage facilities to contain the property. Further, two of the homes that the officers searched were guarded by agressive dogs. When they confronted the dogs, the officers shot and killed them.

PLAINTIFFS' CONTENTIONS:
Plaintiffs sued the City of San Jose, Santa Clara County and the police officers who executed the search warrants. Plaintiffs contended defendants violated their civil rights under 42 U.S.C. Section 1983 and the Fourth Amendment, because officers exceeded the scope of the search warrants by seizing an excessive amount of property and by killing three pet dogs.

DEFENDANTS' CONTENTIONS:
Defendants countered that the search warrant authorized the seizure of the personal property and that the officers were justified in killing the dogs.

Damages

Plaintiffs did not specify an amount for damages.

Result

Santa Clara County settled for $990,000. The settlement amount included $460,000 for damages and $530,000 for attorney fees and costs. The claims against the City of San Jose will go to trial in September 2006.