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CONFIDENTIAL

May 21, 1994

Civil Rights
Police Misconduct
Wrongful Death

Confidential

Settlement –  $500,000

Court

USDC Central


Attorneys

Plaintiff

Robert J. Kelly

Phillip G. Samovar


Defendant

Marc S. Katz
(Clark Hill LLP)

Anthony P. Serritella
(Law Office of Anthony P. Serritella)


Facts

On August 13, 1991, Plaintiff mother of a 33-year-old unemployed man, called Defendant county's sheriff deputies to help her control this son who had not taken his medication. Plaintiff's son was trying to open the back sliding door and was screaming incoherently when 2 Defendant deputies arrived. Plaintiff mother, a 56-year-old homemaker, told Defendant deputies she only wanted them to take her son to jail or a hospital. Defendant deputies called for backup; Defendant 3 deputies and a sergeant arrived. Defendant deputies and the sergeant formed a semicircle around Plaintiff's son in an unsuccessful attempt to handcuff him. A sixth Defendant deputy entered from the back. When Plaintiff's son headed toward said Defendant deputy, Defendant sergeant shot him with a taser gun. He remained standing, however, and Defendant sergeant shot him a second time. Agitated, the man ran at one of the Defendant deputies who then knocked him off his feet; and while on his stomach struggling to get up, 2 Defendant deputies fatally shot him 9 times in the back.

Settlement Discussions

Plaintiff contends she initially demanded $3,000,000 and Defendants made no offer.

Specials in Evidence

Not claimed

Damages

Plaintiff requested the jury to award $3,000,000 for the loss of her son and the direct emotional distress she suffered.

Injuries

Death of son; emotional distress.


#77891

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