Paul Cicala, Enrico Sagullo, Erick Sanchez v. City of San Jose, et al.
Published: Jul. 21, 2012 | Result Date: Jun. 8, 2012 | Filing Date: Jan. 1, 1900 |Case number: 5:2008-cv-04032 (related cases CV 09-02617 CW and C 09-00176 CW) Settlement – $225,000
Court
USDC Northern
Attorneys
Plaintiff
Anthony M. Boskovich
(Law Office of Anthony M. Boskovich)
Defendant
Clifford S. Greenberg
(Office of the San Jose City Attorney)
Facts
Paul Cicala, a television anchorman, was in the City of San Joe's Grand Prix auto race in 2007. Cicala witnessed a police officer handling an apparent arrest and approached the scene to record the event in his mobile phone. The officer told him to stop and told another cop to arrest him.
Enrico Sagullo was leaving a nightclub in 2006 when he was arrested after he approached an officer to question the handling of an arrest. Erick Sanchez was heading home from the club district and was arrested after he made an obscene gesture at officers.
Cicala and Sagullo claimed that the police refused their requests to test them for intoxication.
Ronald Heiman was in bed when police banged on his door and ordered him out. He was arrested for alleged public drunkenness. It turned out that the officers were responding to a weapons disturbance report and had gone to the wrong house. No charges were filed against Heiman.
The men sued the City of Sanchez alleging violation of their civil rights in connection with wrongful public drunkenness arrests. Prosecutors declined to press any charges against the men.
Damages
Plaintiffs sought millions in damages.
Result
The city agreed to settle the matter for $75,000 to be divided equally among the four plaintiffs. Their attorney will receive $150,000. The settlement included a provision that the City may reach additional agreement with Plaintiffs regarding police policies, training, and monitoring regarding public drunkenness charges.
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