Facts

The plaintiffs, a young Australian mother and resident alien living with her American husband in San Diego, and her eight-month-old daughter, were detained at Los Angeles International Airport by Immigration and Customs Enforcement (ICE) upon their return to United States from Australia, apparently due to the mother's failure to have in her possession proper reentry papers. The mother, Nadia Vetter, was held for five days and the child, Madeleine Vetter, was held for 1½ to two days at various detention facilities in the Los Angeles area before being released. Upon reentry into the United States, both were suffering from pre-existing ear infections and the child was allegedly running a high fever.

PLAINTIFFS' CONTENTIONS:
The plaintiffs claimed that the defendant's contract security guards violated their rights in negligently failing to provide appropriate housing, amenities, timely food, and medical care. Additionally, the adult plaintiff claimed she was battered while handcuffed.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiffs were detained by the federal government; that they were at all times under the direction and control of the federal government. The defendant's guards acted reasonably and within ICE's standard operating procedures. Further, plaintiff Nadia Vetter was not mistreated.

Settlement Discussions

The plaintiffs demanded $200,000 at mediation, and asked for a verdict in the six figure range at trial. According to defense counsel, this amount was $750,000. The defendant offered $19,000 for Nadia Vetter and $1,000 for Madeleine Vetter pursuant to C.C.P. section 998.

Specials in Evidence

$2,800 $20,000

Injuries

The plaintiffs claimed post-traumatic stress disorder.

Result

Defense verdict.

Other Information

FILING DATE: Sept. 9, 2005.

Deliberation

two hours

Poll

9-3 (defense on negligence), 10-2 (defense on battery)

Length

eight days