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Civil Rights
Police Misconduct
Excessive Force

Yousef Saman, et al. v. Daniel Robins, et al.

Published: Feb. 22, 1997 | Result Date: Jan. 15, 1997 | Filing Date: Jan. 1, 1900 |

Case number: CV930448RAP Verdict –  $34,000

Judge

Richard A. Paez

Court

USDC Central


Attorneys

Plaintiff

Marion R. Yagman

Stephen Yagman
(Yagman Reichmann LLP)


Defendant

Dennis A. O'Mahoney

Joseph Arias
(Arias & Lockwood)


Experts

Plaintiff

James J. Fyfe
(technical)

Defendant

Joseph J. Callanan Jr.
(technical)

Facts

On Nov. 6, 1992, a police officer responded to a silent burglar alarm and was confronted by two men, one of whom was armed. A gunfight ensued. The officer was shot in the chest, but survived. One of the suspects was killed. Plaintiff Mohammed Alfoori, a 35-year-old ice cream salesman, was at the scene of the gun battle. The plaintiff claimed he was grabbed by San Bernardino police sergeant, defendant Mitchell Kimbal, and kicked in the chest to incapacitate him while his hands were raised. The defendants claimed the plaintiff was a suspect and that there was no evidence of such actions. The plaintiffs, the decedent's survivors and Mohammed Alfoori, brought this action against the defendants based on violation of civil rights, assault and battery theories of recovery.

Settlement Discussions

Per the defendants, the plaintiffs collectively made a settlement demand for $4 million. The defendants made no settlement offers.

Specials in Evidence

$1,405.60

Other Information

The verdict was reached approximately four years after the case was filed. A previous jury found for the defendants 8-2 on Feb. 3, 1997 and judgment was entered in favor of the city, all city officials in their individual and official capacities and eight of the nine police officer defendants.

Deliberation

8 days

Poll

10-0

Length

10 days


#79211

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