Facts

On Sept. 18, 2005, following an Oakland Raiders' home game, plaintiffs J.Z. and his son, N.Z. were tailgating in a private parking lot on Hegenberger Road.

Several commercial grade fireworks were being set off in a vacant lot next to plaintiffs' car. Plaintiff N.Z. was stopped by Oakland police officers after he ran from the vacant lot into the path of their police car moments after a large fireworks explosion. Plaintiff N.Z. denied setting off any fireworks and was released to his father; but was later cited for illegal fireworks activity after being identified by two undercover officers as one of the people who was setting off the fireworks in the vacant lot.

Plaintiff J.Z. claimed that defendant officers wrongfully confronted him, using excessive force. Defendants claimed that the use of force was justified and reasonable because plaintiff J.Z. posed an immediate threat to the safety of an officer when he grabbed the officer's arm. Plaintiff further claimed that Sergeant Reilly failed to identify any of the many witnesses present at the scene and that he failed to take any action against the officer who used excessive force against J.Z. Defendant J.Z. also claimed that he and his son were falsely charged to cover up his claim of excessive force against the Oakland Police Department.

Defendants claimed that, at plaintiff J.Z.'s request, Sergeant Reilly wrote his own name and the name of the officer who allegedly used excessive force against plaintiff J.Z. on a piece of paper and gave it to plaintiff J.Z.

All criminal charges against J.Z. and N.Z. were dropped.

Injuries

Defendants' conduct allegedly caused plaintiff a severe knee injury, which required medical treatment and a future knee replacement.

Result

The parties reached a $350,000 settlement as to plaintiff J.Z.'s claims. Plaintiff N.Z.'s claims were dismissed with prejudice in exchange for a waiver of costs.