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Civil Rights
Prisoners' Rights
Excessive Force

Gerald Friends v. San Joaquin County, San Joaquin County Sheriff Department, San Joaquin County Sheriff Steve Moore, San Joaquin County Sheriff Deputy Hernandez, Sheriff Deputy Sgt. Oram, Unidentified San Joaquin County Sheriff Deputies, and Does 1-50, Jointly and Severally

Published: Jul. 23, 2021 | Result Date: Jul. 13, 2020 |

Case number: 2:17-cv-02633 Settlement –  $165,000

Judge

Kimberly J. Mueller

Court

USDC Eastern District of California


Attorneys

Plaintiff

David M. Helbraun
(Helbraun Law Firm)


Defendant

Carl L. Fessenden
(Porter Scott PC)


Facts

Plaintiff, Gerald Friends, a 65-year old retiree, was arrested and awaiting arraignment at the San Joaquin County Jail. While there, he claimed that he was taken to jail yard by Deputies Hernandez and Oram and was beaten all over his body. He sought treatment for his injuries after release from jail and underwent surgery to treat a hernia. He sought recovery of medical and out-of-pocket costs including $21,717 for transfer from San Joaquin Count Jail to Fullerton Jail.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the deputies caused the injuries and that the deputies tried to cover up the beating.

DEFENDANT'S CONTENTIONS: Defendant's denied any excessive use of force.

Specials in Evidence

Friends sought recovery of past medical costs including $23,181 from Kaiser and $1,110 for out-of-pocket psychotherapy and He sought $3,330 for ongoing therapy.

Injuries

Plaintiff sustained facial fractures, a fractured nose, eye sockets and thumb, black eyes, subconjunctival hemorrhages, lacerations to the bone, multiple rib fractures, inguinal hernia, carotid artery bubble, numerous bruises and contusions to upper, lower body, hands, wrists and face, tinnitus and blurred vision.

Result

The parties agreed to a $165,000 settlement prior to trial which was paid by the county on behalf of all defendants.


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