Confidential
Settlement – $55,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Patrick S. Smith
(Law Office of Patrick S. Smith)
Defendant
Steven J. Rothans
(Carpenter, Rothans & Dumont LLP)
Facts
On May 9, 1990, Plaintiff, a 32-year-old warehouseman, was in the front yard of his home and listening to music on a car stereo. He was with family and friends. Plaintiff was quite drunk, having consumed 12 cans of beer. At approximately 10:30 p.m., 2 Defendant city police officers arrived at the location and instructed the people in the front yard to lower the volume on the car stereo. After some discussion, the volume was lowered, and the officers began to walk away from the yard. The volume was again increased, and the officers returned to the yard. An argument ensued, the parties began fighting, and a brawl broke out which involved the 2 Defendant officers and the party goers. During the brawl Plaintiff was struck with a baton. Plaintiff was arrested for felony lynching (attempting to free a prisoner -- a friend who was being taken into custody) and pled guilty to inciting a riot. Plaintiff sued under 42 USC Section 1983 for the unlawful use of excessive force.
Settlement Discussions
Plaintiff contends he demanded $60,000 and Defendants offered $50,000.
Specials in Evidence
$2,225 not claimed
Injuries
Lacerations to the scalp and shins requiring debridement and sutures.
Other Information
A prior arbitration by Jules Barnette (Torrance) resulted in a Plaintiff's award of $25,000; trial de novo by Plaintiff.
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