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Civil Rights
Assault and Battery
Intentional Infliction of Emotional Distress

Brock Rasmussen v. City and County of San Francisco, Michael Bushnell, Matt Seavey, and Does 1 through 25, inclusive

Published: Nov. 24, 2012 | Result Date: Sep. 28, 2012 | Filing Date: Jan. 1, 1900 |

Case number: CGC-10-495963 Settlement –  $175,000

Court

San Francisco Superior


Attorneys

Plaintiff

Anthony C. Oceguera
(Barber Ranen LLP)

Jeremy D. Pasternak
(Law Offices of Jeremy D. Pasternak)


Defendant

Warren Metlitzky
(Conrad Metlitzky Kane LLP)


Facts

Brock Rasmussen sued the City and County of San Francisco in response to his arrest on May 11, 2009. Rasmussen was a homeless man who was arrested at Fisherman's Wharf. He was transported to the County Jail in the back of a police van alone, without a seat belt, and with his hands cuffed behind his back. He alleged that the officer who drove the van intentionally and/or recklessly drove it in a careless matter with the intent to injure him. Despite his repeated pleas to stop his reckless driving, the officer continued to drive the van with reckless indifference to Rasmussen. Rasmussen sustained injuries as a result, including a broken neck and a lacerated artery. His lawsuit alleged assault and battery, negligence, violation of California Civil Code Section 52.1, and intentional infliction of emotional distress.

Result

The City agreed to settle the matter for $175,000.


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