Davila v. County of San Joaquin, Thomas Kendrick, City of Tracy
Published: Apr. 17, 2010 | Result Date: Nov. 26, 2009 | Filing Date: Jan. 1, 1900 |Case number: 06-CV-02691 Settlement – $600,000
Court
San Joaquin Superior
Attorneys
Plaintiff
Walter H. Walker III
(Walker, Hamilton & Kearns LLP)
Boris E. Efron
(Law Offices of Boris Efron)
Defendant
Rebecca S. Widen
(Seattle City Attorney's Office)
John R. Whitefleet
(Porter Scott PC)
Facts
On March 4, 2006, City of Tracy police officers arrested 71-year-old Guillermo Davila because they suspected that he was publicly intoxicated after finding him in the home of a neighbor. The officers took Davila to the San Joaquin County Jail where he was detained for six hours and released him a short time after 1 a.m. on March 5. Concerned for Davila due to his diabetes and dementia, his family reported him missing and a large-scale search for Davila ensued. On March 7, Davila was found dead approximately one mile in distance from the jail. His family sued San Joaquin County, the City of Tracy, and involved officers.
Contentions
DEFENDANT'S CONTENTIONS:
The County disagreed as to the family's claims regarding medical examinations performed while Davila was detained. The County also noted that Davila's family did not contact the Tracy Police Department until approximately 19 hours after they realized he was missing.
Result
The County agreed to pay the family $600,000. The court granted summary judgment in favor of the City of Tracy defendants.
Other Information
Plaintiffs have appealed the granting of summary judgment to the City of Tracy defendants.
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