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Civil Rights
42 U.S.C. Section 1983
Illegal Detention and Prosecution

Horace Roberts v. County of Riverside, David Cox, Robert Creed, David Collins, Sheldon Gill, Mark Cordova, Edward Chavez, Rick Zerkel, Randy Key, Deputy Orona, Timothy Johnson, Larry Smith, Gary Penrod, Charles Varga, and Unknown Officers of the Riverside County Sheriff's Department

Published: Oct. 1, 2021 | Result Date: Sep. 15, 2021 | Filing Date: Oct. 1, 2019 |

Case number: 5:19-cv-01877-JGB-SHK Settlement –  $11,000,000

Judge

Jesus G. Bernal

Court

CD CA


Attorneys

Plaintiff

David B. Owens
(Loevy & Loevy)

Jan Stiglitz
(Law Office of Jan Stiglitz)

Brett A. Boon
(The Boon Law Firm)

Craig S. Benner
(Benner Law Firm)


Defendant

Tori Lyn N. Bakken
(Lewis, Brisbois, Bisgaard & Smith LLP)

Joseph A. Gordon
(Manning & Kass, Ellrod, Ramirez, Trester LLP)

Kevin H. Louth
(Manning & Kass, Ellrod, Ramirez, Trester LLP)

Anthony M. Sain
(Lewis, Brisbois, Bisgaard & Smith LLP)

Gary C. Smith
(Manning & Kass, Ellrod, Ramirez, Trester LLP)

Dennis E. Wagner
(Wagner Zemming Christensen LLP)

Marty E. Zemming
(Wagner Zemming Christensen LLP)

Sophia Hee-Chung Choi


Facts

Horace Roberts was a forty-year-old U.S. Marine Corps veteran, a respected employee at Quest Diagnostics, and a father of two young children when in 1998, the false statements of the victim's husband and a failed polygraph led him to be convicted for the murder of his girlfriend, Terry Cheek. The victim was found near Roberts' abandoned truck and near a watch that investigators believed to belong to Roberts. Roberts' case was submitted to three criminal jury trials: he received mistrials twice, before a third jury trial. In 1999, Roberts was convicted for the murder where he would spend 20 years in prison. After new technology allowed the Riverside District Attorney to determine that Roberts' DNA was not on the watch found at the scene, Roberts was exonerated in 2017. Roberts brought an action for his wrongful imprisonment against the County of Riverside, the Riverside County Sherriff's department, and the investigating officers involved.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that as a result of being framed by defendants, plaintiff wrongfully served 20 years in prison. Plaintiff contended he was framed for the murder because there was no physical evidence connecting him to the murder and evidence showing his innocence was suppressed. Plaintiff contended defendants created false reports and fabricated evidence to implicate him to Cheek's murder. Plaintiff contended that evidence showed that other men, including Cheek's estranged husband, were responsible for her murder. Plaintiff contended that defendants' conduct allowed the real perpetrators to be free. Plaintiff contended defendants' actions violated his constitutional right to a fair trial. Plaintiff contended defendants deprived him of his liberty and was detained without probable cause. Plaintiff contended that he was deprived of a right to due process when defendants suppressed evidence showing his innocence, falsified and fabricated evidence, and failed to disclose exculpatory evidence. Plaintiffs contended that defendants conspired to frame plaintiff and that defendants failed to prevent a violation of his rights. Plaintiff contended defendants engaged in malicious prosecution. Plaintiff contended defendants conduct caused him emotional distress.

DEFENDANTS' CONTENTIONS: The Riverside County defendants denied being involved in any conspiracy, intentionally suppressing evidence, maliciously prosecuting Roberts, or other wrongdoing. Rather, the Riverside County defendants contend that they were deceived by Cheek's estranged husband during the investigation; that DNA technology available at the time failed to clear Roberts; and that Roberts' failed polygraph, romantic connection with the victim, lack of a verifiable alibi, and conflicting statements during his interview reasonably led Roberts to be the prime murder suspect. However, on receiving new, irrefutable evidence of Roberts' innocence, Riverside County moved swiftly to release Roberts, and to make amends for him spending decades in prison for a crime that Riverside County later learned he did not commit. The Riverside County District Attorney is currently prosecuting Cheek's husband and conspirators for her murder to bring justice for the victim.

Result

Roberts and the Riverside County defendants agreed to settle for $11,000,000.


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