This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Civil Rights
Police Misconduct
Excessive Force

Douglas Schmitz v. City of Hemet, Hemet Police Department, Robert Steht

Published: Jun. 7, 2005 | Result Date: Jan. 24, 2005 | Filing Date: Jan. 1, 1900 |

Case number: RIC392009 Verdict –  $0

Judge

Roger A. Luebs

Court

Riverside Superior


Attorneys

Plaintiff

Gary S. Redinger


Defendant

Elizabeth R. Feffer
(ADR Services Inc.)


Experts

Defendant

Kris Mohandie
(medical)

Joseph J. Callanan Jr.
(technical)

Norman Fort
(technical)

Facts

On April 19, 2002, defendant Robert Steht, a police officer with defendant City of Hemet, conducted an investigation of a home invasion robbery. At 7 p.m., he and another officer conducted a high risk traffic stop of a possible suspect, plaintiff Douglas Schmitz, age 23. The traffic stop occurred at a convenience store in San Jacinto. The stop led to a shooting incident where the two officers shot at plaintiff four times, striking him twice. The plaintiff and defendants disputed how the shooting incident happened.

Settlement Discussions

The plaintiff made a demand of $10 million.

Injuries

The plaintiff sustained two gunshot wounds, one to his neck and the other to his abdomen. He underwent emergency surgery and had a portion of his liver removed. The plaintiff claims he has ongoing neck and back pain, digestive problems, diminished strength, and psychological and emotional distress. He alleges he can no longer continue his work as a drywall contractor due to the pain from his injuries. He claimed past medical specials of $45,906, past loss of earnings of $24,800 and future loss of earnings of $1 million, as well as unspecified general damages.

Result

The jury returned a defense verdict.

Deliberation

two hours

Poll

12-0

Length

eight days


#116554

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390