Daniel L. Setencich v. County of Fresno, Christopher Torres, Matthew Sellai, Troy Paul, Steve Souphasith, Sean Quinn, Andrew Simonson, James Morley
Published: May 10, 2005 | Result Date: Nov. 16, 2004 | Filing Date: Jan. 1, 1900 |Case number: 01CECG02639 Verdict – $0
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Robert S. Shtofman
(Law Offices of Robert S. Shtofman )
Defendant
Leslie M. Dillahunty
(Weakley & Arendt APC)
Rosemary T. McGuire
(Judicate West)
Experts
Plaintiff
Margaret Franz
(medical)
Sanjay J. Chauhan
(medical)
Randy Wright
(technical)
Defendant
Kurt V. Miller M.D.
(medical)
Harold L. Seymour
(medical)
Joseph J. Callanan Jr.
(technical)
Facts
On Aug. 9, 2000, at 12 a.m., Daniel Setencich, 52, claimed that he made a call to the Fresno County Sheriff's Department to inform authorities that the individual who stole his vehicle was passed out in a trailer on his property. Setencich claimed that when the police arrived, they refused to investigate the incident and arrest the suspect. The officers advised him that they could not enter the trailer because it was the suspect's residence. Setencich told the deputies that he would go inside the trailer and get the suspect out. When he reached the door of the trailer, the deputies informed him that he would be arrested. When Setencich began to walk toward Deputy Christopher Torres with his hands extended out, inquiring into why he would be arrested, Setencich claimed that Torres attacked him and swung at him several times. Setencich claimed that he was taken to the ground by four sheriff's deputies who beat and kneed him and twisted his wrists and fingers. Setencich requested medical treatment which he claims he did not receive. He sued the County of Fresno and Sheriff's Deputies Christopher Torres, James Morley, Matthew Sellai, Troy Paul, Steve Souphasith, Sean Quinn and Andrew Simonson. Setencich alleged false arrest, excessive force, malicious prosecution and civil rights violations. The defendants contended that the plaintiff demanded that they arrest the individual living in the trailer and that after some investigation, they determined that they did not have sufficient evidence to arrest the suspect. At that time, the defendants claimed that the plaintiff became angry and stated he would forcibly remove the suspect from the trailer. The defendants contended that they told the plaintiff he could not take matters into his own hands. At that time, the plaintiff aggressively approached one of the deputies. When the deputy pushed the plaintiff away, the plaintiff struck him over the right eye with a closed fist. In response to the assault, the deputies attempted to handcuff and arrest the plaintiff, who was uncooperative and combative. The defendants took photographs of the plaintiff's and defendant's injuries. The defense further contended that the plaintiff had a history of psychiatric treatment for rage and anger management issue. Defense experts testified that the plaintiff's alleged injuries pre-existed the incident.
Settlement Discussions
The plaintiff demanded $150,000, reduced to $100,000.
Specials in Evidence
$85,000
Damages
Unspecified general damages.
Injuries
The plaintiff alleged injuries to his back, shoulder, wrists and knees. He also claimed he suffered from depression and emotional distress. The plaintiff's medical expert, a neurologist, testified that the plaintiff had carpal tunnel syndrome related to the handcuffing, as well as nerve impingement to both wrists. The plaintiff also claimed he required chiropractic treatment for months after the incident.
Result
Defendants Quinn and Simonson were voluntarily dismissed prior to trial. Defense for the remaining defendants.
Deliberation
three hours
Poll
12-0
Length
12 days
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