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CONFIDENTIAL

Jan. 3, 2002

Torts
Civil Rights
Sexual Harassment

Confidential

Settlement –  $300,000

Facts

The plaintiff was incarcerated, pretrial, in San Mateo County Jail. She was being housed in
administrative segregation ("the hole"). A San Mateo County Deputy Sheriff assigned to the
facility, on two separate occasions, engaged in sexual acts with the plaintiff. On the second
occasion, Feb. 4, 1999, the deputy sheriff brought the plaintiff out of her cell and into an outdoor
yard connected to the jail. The plaintiff escaped. She was arrested shortly afterwards and she
informed the jail officials of the actions of the San Mateo County SheriffÆs Deputy. She was not
charged with the escape and the deputy resigned shortly thereafter.

Settlement Discussions

The parties availed themselves of the early neutral evaluation program of The U. S. District Court. Because the plaintiff was incarcerated at the time, the Early Neutral Evaluation Program (ENE) was conducted via telephone conferencing facilities between the U.S.C.A. 9th and the prison. Prior to the ENE, the plaintiff demanded $450,000. The ENE produced a counter-offer by the defense of $200,000 and shortly after conclusion of the ENE Program, the case settled for $300,000.


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