Bryan Carmody v. City and County of San Francisco
Published: Jan. 29, 2021 | Result Date: Mar. 3, 2020 |Case number: Case Not Filed Settlement – $369,000
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Thomas R. Burke
(Davis Wright Tremaine LLP)
Benjamin W. Berkowitz
(Keker, Van Nest & Peters LLP)
Defendant
Meredith Osborn
(LLP 's White Collar Defense & Investigations group)
Cheryl S. Adams
(Office of the San Francisco City Attorney)
Kaitlyn M. Murphy
(Office of the San Francisco City Attorney)
Facts
Plaintiff Bryan Carmody is a veteran freelance reporter. In April 2019, two San Francisco police officers arrived at Carmody's home asking him to disclose the source of a leaked police report involving the death of San Francisco Public Defender Jeff Adachi. Carmody refused. In response, the police officers told Carmody that they will obtain a federal grand jury search warrant. On May 10, 2019, San Francisco police officers returned to Carmody's home where they handcuffed Carmody while they searched Carmody's home and office and seized electronic devices and other sources. Eventually, in August 2019, the five warrants that authorized the search on Carmody's home were deemed illegal. Carmody filed a lawsuit against defendants, the San Francisco Police Department, and the City and County of San Francisco, in relation to the search of plaintiff's home and seizure of his electronics.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff' contended that the police officers who handcuffed him and searched his home seizing various electronic devices and materials in order to ascertain plaintiff's sources for the death of Jeff Adachi was a violation of plaintiff's First Amendment rights. Plaintiff contended that the police officers also violated California's shield law, which protects journalists from revealing confidential sources and materials. Lastly, plaintiff contended that the defendant police officers also violated the Federal Privacy Act.
DEFENDANTS' CONTENTIONS: Defendants denied plaintiff's contentions.
Injuries
Plaintiff alleged he suffered emotional distress as a result of the incident.
Result
The parties agreed to settle the case for $369,000.
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