Brandon Duncan, Aaron Harvey v. City of San Diego, Rudy Castro, in his individual and official capacity; Scott Henderson, in his individual and official capacity, and Does 1 -10 in their official capacities
Published: Apr. 17, 2020 | Result Date: Dec. 10, 2019 | Filing Date: Jan. 10, 2017 |Case number: 17-cv-0052 BTM (MDD) Settlement – $1,475,000
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
John R. Lanham
(Morrison & Foerster LLP)
Mark C. Zebrowski
(Morrison & Foerster LLP)
Defendant
Stacy J. Plotkin-Wolff
(Office of the San Diego City Attorney)
Facts
Plaintiffs Brandon Duncan and Aaron Harvey sued the City of San Diego and its employees for wrongful incarceration and violation of their First Amendment free speech rights. Plaintiffs were arrested under a gang conspiracy statute after arrest warrants were issued by a superior court judge.
Contentions
PLAINTIFFS CONTENTIONS: Plaintiffs claimed that the arrests were without probable cause and sought to recover emotional damages for the time they spent in jail awaiting trial.
DEFENDANT CONTENTIONS: Defendant denied the allegations.
Result
The parties settled and the City of San Diego agreed to pay a total of $1,475,000 to plaintiffs.
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