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Civil Rights
42 U.S.C. Section 1983
Violation of the Fourth Amendment

Breonna Richard v. City and County of San Francisco; and Does 1-50, individually and in official capacities as police officers for the City and County of San Francisco, inclusive

Published: Oct. 21, 2022 | Result Date: Sep. 13, 2022 | Filing Date: Jul. 13, 2020 |

Case number: 3:20-cv-04276-JSC Settlement –  $47,500

Judge

Jacqueline S. Corley

Court

USDC Northern District of California


Attorneys

Plaintiff

James R. Doyle
(Injury Law Office of James R. Doyle)

Jamir A. Davis
(J. Davis Law Firm, PLLC )


Defendant

Raymond R. Rollan
(Office of the San Francisco City Attorney)


Facts

On October 6, 2019, Breonna Richard and her boyfriend, Dacari Spiers, were having an evening out at Pier 39 in San Francisco. During the evening, Richard discovered her wallet was missing from her purse. This caused her to become distraught, and she started crying. Spiers comforted her, and eventually the two embraced. While embracing, the pair were approached by four San Francisco police officers, and a physical altercation between the pair and the officers ensued. On June 26, 2020, Richard filed a lawsuit in federal district court against the City and County of San Francisco.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that she and her boyfriend were enjoying a night out near Fisherman's Wharf in San Francisco when she realized her wallet had been stolen. That she was upset and began crying, and as her boyfriend was comforting her, San Francisco police officers arrived at the scene. The plaintiff contended that the officers did not announce their presence, but instead grabbed her boyfriend and began to beat him with their batons. She further contended that she begged for officers to stop, but when they did not, she attempted to shield her boyfriend with her body. She alleged that an officer then grabbed her and threw her to the ground, causing her to injure her wrist and back. Plaintiff alleged that her boyfriend needed to be hospitalized from the brutal assault, but officers refused to allow her to accompany him, and forced her to stay at the scene. Plaintiff also contended that after the beating resulted in her boyfriend being hospitalized, police officers continued to harass and intimidate her and her boyfriend, including by obtaining an emergency protective order against her under false pretenses. Plaintiff contended that this conduct was a violation of her Fourth Amendment rights under the Constitution; that the City and County of San Francisco failed to adequately train, supervise, and discipline their officers; that the officers violated the Bane Act; that the defendants battered her; that the defendants assaulted her; that the defendants intentionally inflicted emotional distress upon her, or alternatively, negligently inflicted emotional distress upon her; that the defendants made fraudulent and intentional misrepresentations to a judge about her, or alternatively negligently made such representations about her; the defendants were negligent; and that the defendants falsely imprisoned her at the scene of the assault without arresting her.

DEFENDANTS' CONTENTIONS: Defendants denied any liability and all of the plaintiff's material allegations.

Result

The parties reached an agreement wherein the City admitted no liability but agreed to pay $47,500 to settle the plaintiff's claims.


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