Facts

In October 2003, plaintiff Randy Murphy was conversing with friends on a sidewalk when Oakland Police Dept. officers, defendants Matt McGiffert and Brett Estrada, stopped their patrol car and approached plaintiff. Defendant Estrada opined that he recognized plaintiff, who appeared to be violating his parole. Defendant McGiffert started to choke plaintiff. Plaintiff attempted to escape, but he fell to the ground after climbing a fence. Although plaintiff told defendants that he could not feel his legs, he was directed to lie on his stomach so that he could be handcuffed. Plaintiff filed a lawsuit, claiming in part, negligence, false imprisonment, battery and civil rights violations.

PLAINTIFF'S CONTENTIONS:
There was no evidence that plaintiff was in possession of a controlled substance or that he was engaged in any criminal activity at the time defendants approached him. Specifically, the blood work done on plaintiff at the hospital showed he had not ingested any narcotics, and the Oakland police found no illegal narcotics at the scene. Further, no charges were filed against him following the incident.

Defendants did not attempt to verify plaintiff's parole status. Defendants approached plaintiff and used excessive force against him because of his African-American race. Further, plaintiff would not have tried to climb the fence had defendants not chased him. According to witness testimony, defendants pushed plaintiff over the fence. They also aggravated his injuries when they turned him over and placed handcuffs after he fell.

Moreover, the police department did not carefully hire, supervise and train defendants.

DEFENDANTS' CONTENTIONS:
Defendants denied the claims. They had probable cause to stop plaintiff, as he had a criminal record and was behaving suspiciously in a neighborhood that had a high crime rate. Defendant McGiffert opined that when they approached plaintiff, he had cocaine in his mouth which he attempted to swallow. Further, defendant applied an approved police technique by placing pressure on plaintiff's neck to stop him from swallowing the substance. Defendants also believed that plaintiff had a gun.

Further, plaintiff was responsible for his own injuries, as he climbed the fence and resisted the officers. Plaintiff was not pushed over the fence, but fell on his own.

Specials in Evidence

Plaintiff sought over $200,000. Plaintiff sought $5 million.

Damages

Plaintiff claimed unspecified amounts for past and future pain and suffering.

Injuries

Plaintiff suffered from a C6-7 luxation with a secondary laceration of his spinal cord. This resulted in paraplegia from the chest down. Plaintiff requires the use of a wheelchair. He underwent substantial rehabilitation therapy.

Result

The parties reached a $1.5 million settlement.