Confidential
Settlement – $1,000,000Court
USDC Northern
Attorneys
Plaintiff
John L. Burris
(Law Offices of John L. Burris)
Andrew C. Schwartz
(Casper, Meadows, Schwartz & Cook)
Defendant
Steven C. Mitchell
(Geary, Shea, O'Donnell, Grattan & Mitchell PC)
Experts
Plaintiff
William Clough
(technical)
Joanna Moss
(technical)
Facts
In the early hours of the morning of April 29, 1997, the plaintiffÆs decedent, Kwanchung Kao, returned to his home in Rohnert Park, after drinking at a bar. While at the bar he had been subjected to racial slurs and this had caused him considerable distress. Upon arrival at his home, he began to undress and among other incidents of erratic behavior yelled out to neighbors for help. Neighbors telephoned for the police. Defendant police officers arrived separately at approximately 2:16 a.m. and approached Kao in their vehicles. Kao, who had been holding a stick when the officers arrived, poked it at Officer LynchÆs patrol car. Lynch requested that Shields remain in his patrol car while Lynch called for additional officers. Officer Shields left his patrol car and confronted Kao. The plaintiff, Wu, KaoÆs wife, attempted to calm her husband and to take the stick from him. Shields ordered her away. Although Shields was armed with pepper spray and a baton, in addition to a pistol, he chose to shoot Kao, which resulted in his death. The plaintiff, a registered nurse, attempted to provide emergency assistance to her husband but the police officers prevented her from doing so.
Settlement Discussions
Settlement discussions continued from inception of the lawsuit in February 1998, and, finally, in July 2001, the parties reached a settlement of $1 million.
Other Information
Mediations were held before Margaret A. Corrigan of U.S. Court of Appeals and Daniel F. Quinn. The defendant's motion for summary judgment was denied by Judge Thelton Henderson.
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