Robert Duncan, Janet Duncan and Christopher Duncan, a minor, by through his Guardian ad Litem, Robert Duncan v. County of Sacramento, Steve lee
Published: Jan. 31, 2009 | Result Date: Aug. 26, 2008 | Filing Date: Jan. 1, 1900 |Case number: 2:06-CV-00647 GEB BAD Verdict – Defense
Court
USDC Eastern
Attorneys
Plaintiff
Johnny L. Griffin III
(Law Office of Johnny L. Griffin III)
Manolo H. Olaso
(Law Office of Johnny L. Griffin III)
Defendant
Thomas A. Cregger
(Cregger & Chalfant LLP)
Facts
On Aug. 31, 2005, Robert Duncan, Janet Duncan, and their son, Christopher Duncan, age 17, were driving back to their Elk Grove home when they saw defendant Steven Lee, an employee of defendant Sacramento County District Attorney's Office Board of Investigations. The Duncans gave chase in their vehicle and were pursued by Lee and the California Highway Patrol (CHP). The Duncans were eventually stopped after exiting the freeway and ordered out of their vehicle. The CHP were mistakenly informed that a suspect was in the Duncans' vehicle but Lee was merely there to serve Christopher Duncan a subpoena, as he was a witness to an assault. Lee arrived on the scene shortly thereafter and the Duncans were released after the situation was explained to CHP.
The Duncans filed suit for civil rights violations.
Contentions
PLAINTIFFS' CONTENTIONS:
The Duncans contended that their civil rights were violated by the chase as they were not sure who Lee was as he did not identify himself.
DEFENDANTS' CONTENTIONS:
The defendants contended that Lee was lawfully serving a subpoena and that due to an honest misunderstanding by dispatch, CHP was mistakenly told that the Duncans' vehicle contained a suspect instead of a witness.
Injuries
The Duncans suffered injuries including emotional distress.
Result
The jury found for the defendants.
Deliberation
2.5 hours
Poll
8-0
Length
three days
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