This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Jun. 18, 1994

Civil Rights
Police Misconduct
Battery and False Arrest

Confidential

Settlement –  $390,000

Judge

Joan S. Brennan

Court

USDC Northern


Attorneys

Plaintiff

John L. Burris
(Law Offices of John L. Burris)

Heidi Rand

Benjamin Rice


Defendant

Daniel R. Kirwan

Dennis J. Ward
(Ropers, Majeski, Kohn & Bentley)


Experts

Plaintiff

Leroy Goedecke
(medical)

Ann Shibuya
(medical)

Donald P. Van Blaricom
(technical)

Defendant

Herbert Schreier
(medical)

John W. Hanbery
(medical)

Oliver Sansen
(technical)

Facts

On July 23, 1991, Plaintiff and his wife and 3 sons were vacationing at Plaintiff's parents' home in the Santa Cruz mountains. Plaintiff was in their mobile home in the driveway. Defendant county's deputy, accompanying a social worker in a child abuse investigation, began to approach the house. Plaintiff, a 46-year-old male who was employed as a public area supervisor for a resort in Tucson, AZ, engaged the officer in a conversation, inquiring as to his purpose and began to go to the house to get his parents. Neither this Plaintiff nor his parents were suspects in the investigation. Defendant's officer forcibly stopped Plaintiff from going to the house and struck him in the midsection with his baton. The officer then informed the Plaintiff that he was under arrest. Family members began to come out of the house. The children were being videotaped while playing in the pool. Plaintiff's wife, hearing the commotion, turned the video taping onto the incident. What followed and was captured on tape was a struggle between the Plaintiff and the officer, during which Defendant's officer beat and handcuffed the Plaintiff. The officer then took Plaintiff to the emergency medical facility and to jail.

Settlement Discussions

Plaintiffs contend they demanded $900,000 and Defendants offered $20,000 increased to $200,000.

Specials in Evidence

$5,000 Plaintiff, $9,000 Plaintiff's family $40,000

Injuries

In addition to severe pain and suffering from the beating, Plaintiff and his wife and children sustained severe emotional distress requiring psychotherapy.

Other Information

The Court ruled that the Defendant deputy violated Plaintiff's Fourth Amendment rights.


#78025

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390