Confidential
Settlement – $200,000Judge
Court
USDC Northern
Attorneys
Plaintiff
Scott A. Sugarman
(Sugarman & Cannon)
Defendant
Experts
Plaintiff
Frank H. Saunders
(technical)
Defendant
George R. Hart
(technical)
Facts
On August 24, 1993, the plaintiff, a 33-year-old truck driver, was arrested for the robbery of a chain restaurant in the defendant city. The plaintiff alleged that the defendants police officers conducted a poor investigation of the robbery, which was committed by two men with guns. One of the suspects was described as a large, black male in his mid-20s and the plaintiff was arrested because he generally fit that description. While the plaintiff was in custody, the defendants police officers learned from other police officers that another restaurant in that chain in a nearby city had been robbed in a virtually identical manner by two similarly described suspects. The defendants police officers covered up this information which demonstrated that the plaintiff could not have committed the charged robbery, by failing to prepare a police report on the information, and by failing to tell the prosecutor, criminal defense counsel or their supervisors of this new information. Later, the defendants police officers learned that one of the participants in the charged robbery had confessed and cleared the plaintiff of any participation but the defendant police officers made no effort to exonerate the plaintiff. The plaintiff's criminal defense counsel ultimately learned of this information and the charges against the plaintiff were dismissed for insufficient evidence. The plaintiff was released from police custody. The court later made a finding that the plaintiff was factually innocent of the crime. The plaintiff was held in custody for twenty five days before his release. The plaintiff brought this action against the defendant city and the defendants police officers based on violation of federal civil rights and negligence theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed. The case was resolved (after settlement discussions) during a settlement conference before Magistrate Judge Joan R. Brennan.
Specials in Evidence
$2,500
Damages
$7,500 (cost of defense in criminal action); loss of reputation; confinement in jail and loss of liberty for 25 days claimed.
Injuries
The plaintiff alleged that he suffered emotional trauma (requiring no treatment) as a result of the incident.
Other Information
The settlement was reached approximately one year and two months after the case was filed.
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