Confidential
Settlement – $390,000Judge
Court
USDC Northern
Attorneys
Plaintiff
John L. Burris
(Law Offices of John L. Burris)
Defendant
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.
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