Dale William Martineau v. City of Cypress, et al.
Published: May 13, 1995 | Result Date: Apr. 24, 1995 | Filing Date: Jan. 1, 1900 |Case number: CV923831HLH – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Donald W. Cook
(Donald W. Cook, Attorney at Law)
Defendant
Peter J. Ferguson
(Ferguson, Praet & Sherman APC)
Experts
Plaintiff
Peter Meade
(medical)
Van Ness H. Bogardus III
(technical)
Defendant
John Bell
(technical)
Fredrick J. Lieb
(medical)
Facts
On June 27, 1991, at approximately 1:15 p.m., a bank robbery occurred within the City of Cerritos. Two of the suspects were followed into Orange County; a Defendant City of Cypress police officer was advised by a witness; and subsequently these two suspects were taken into custody without incident. Witnesses advised that another suspect was involved and that this suspect was the Plaintiff. It was determined that the Plaintiff Dale William Martineau, a 30-year-old unemployed male, was hiding inside a residence at 9058 Brownstone, the address of one of the previously arrested suspects. A perimeter was set up around this residence, by the officers. The officers attempted to convince Plaintiff to surrender, by attempting telephone calls into that residence, warnings over a loud speaker, and throwing rocks with notes attached to the inside of the residence. After a considerable period of time, the officers heard loud noises inside the residence; with the use of a K-9, Plaintiff was overpowered and placed under arrest. It was found that Plaintiff had been released from jail and was on parole when he allegedly engaged in the bank robbery; he was subsequently convicted and is currently serving a 20-year sentence.
Settlement Discussions
Defendants contend they made a Rule 68 offer in the amount of $15,500 which was rejected prior to trial; and Plaintiff's demand was unknown.
Specials in Evidence
not claimed not claimed
Injuries
Dog bites to the leg requiring debridement and closure; baton injuries to the leg and elbow; kicks and strikes to the head and back.
Other Information
This was the second trial of this case; the first trial in March of 1994 resulted in a hung jury (7-1 in favor of defense).
Deliberation
1.5 hours
Poll
8-0
Length
4 days
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