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CONFIDENTIAL

Jun. 3, 1995

Civil Rights
Police Misconduct
Excessive Force

Confidential

Settlement –  $300,000

Judge

Gordon S. Thompson Jr.

Court

USDC Central


Attorneys

Plaintiff

Tom Adler

Ellen Faye Gross


Defendant

Morris G. Hill


Experts

Plaintiff

Lou Reiter
(technical)

James M. Robinson
(medical)

Defendant

Christine A. Baser
(medical)

Arthur Broadshatzer
(technical)

Randy Means
(technical)

R. Bruce Hubbard
(technical)

Facts

On December 21, 1990, Plaintiff, a 40-year-old painter, was suffering from a temporary mental flashback due to his experience as a combat engineer fighting in Vietnam. As a result of the flashback, Plaintiff began shooting a rifle into the trees where he thought the Viet Cong were hiding. His wife called 911 as a neighbor subdued Plaintiff. Defendant deputy sheriffs (Defendants A and B) responded to the call after Plaintiff was already subdued inside his mobile home trailer. Defendants entered the trailer and then arrested Plaintiff and his neighbor. Plaintiff was released from jail 5 days later.

Settlement Discussions

Plaintiff made a demand of $150,000 prior to the settlement conference; increased to $300,000 at the settlement conference.

Specials in Evidence

not disclosed not disclosed

Injuries

Scar over right eye; numbness to left arm; soft tissue shoulder, elbow, and neck; bruises to right leg and thigh. Treatments and/or surgeries, current and/or future, were not disclosed.

Other Information

The neighbor settled out early for $50,000. At the pretrial conference in this matter, the district Court ruled that the prior instances of misconduct alleged against Defendant A would be admissible at trial. This case was filed on December 7, 1991, three years, three months and 20 days prior to this result.


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