Facts

During the early morning hours of Jan. 1, 2009, Mr. Oscar J. Grant III was riding a Bay Area Rapid Transit District train ("Train") back to the east bay after a night of celebrating New Year's Eve in San Francisco. He was accompanied by Ms. Sophina Mesa, the mother of his four-year-old child, and several other friends and acquaintances.

At or about the Lake Merritt BART Station, an altercation broke out on the Train. The altercation lasted for only a couple of hectic minutes. Unbeknownst to the Train's passengers, several BART police officers were dispatched to meet the train at the Fruitvale BART Station and quash the altercation.

Allegedly without knowledge of any particularized facts identifying any one individual as having been involved with the altercation and without seeing anyone engaged in criminal activity, the officers proceeded to detain Mr. Grant and four of his friends. During the course of their detention the officers allegedly used profanities, hurled racial slurs and physically assaulted Mr. Grant and his friends.

At some point during the detention, the decision was made to arrest Mr. Grant. BART Police Officers Johannes Mehserle and Anthony Pirone participated in the arrest. Mr. Grant was thrown to the ground and was laying face down, unarmed with his hands behind his back when Officer Mehserle fatally shot Mr. Grant in the back. Mr. Grant's friends were subsequently arrested and held in handcuffs for over four hours despite not having been charged of any crimes in connection with this incident.

The decedent's estate along with Mr. Grant's friends filed suit against BART and the individual officers for wrongful death, assault, battery, excessive force and unlawful detention and arrest.

Result

BART and the individual officers filed for summary judgment to dismiss the plaintiffs' actions in their entirety. The judge denied defendants' motions with the exception of granting summary adjudication on the Monell causes of action dealing with whether BART had an unconstitutional policy that led to the complained of civil rights violations. All of plaintiffs' remaining causes of action were allowed to proceed forward to trial. The case brought on behalf of Mr. Grant's daughter T.G. was settled for $1.5 Million prior to filing of motions.

Other Information

Other cases filed in the matter are Jack Bryson, et al. v. BART, et al., Oscar Grant Jr. v. BART, et al. and Johntue Caldwell, et al v. BART, et al.