Harold A. Dutra, Jr.; Jimmy A. Dutra; Adam Dutra, a minor by and through his GAL Margaret Dutra v. The Half Moon Bay Police Dept., et al.
Published: May 10, 1997 | Result Date: Mar. 20, 1997 | Filing Date: Jan. 1, 1900 |Case number: C953618BZ – $54,820
Judge
Court
USDC Northern
Attorneys
Plaintiff
Russell A. Robinson
(Law Office of Russell A. Robinson)
Defendant
Facts
In October 1993, plaintiff Harold "Junior" Dutra, was arrested by defendant Half Moon Bay Police Department. In October 1994, defendant officer James Pendergast issued a citation to plaintiff Harold Dutra for an alleged assault and battery of a boy, terrorist threats, threatening a police officers, and other charges. Dutra claimed the boy had broken into his home. Charges were brought against Dutra by the San Mateo County District Attorney's Office. In mid-1995, Dutra pled no contest to willful harm or injury to a child. The plaintiffs, Harold Dutra and his two younger brothers, Jimmy and Adam, claimed defendant Pendergast's personal dislike for Harold Dutra led to a series of altercations between Dutra and Pendergast while Pendergast was in the course and scope of his employment. The plaintiffs alleged that in February 1995, officer Pendergast stopped Jimmy Dutra and a friend as the two proceeded down a roadway with three bicycles, and questioned them with regard to the ownership of the third bicycle, which was eventually resolved. The plaintiffs also alleged that in March 1995, a Half Moon Bay Police officer stopped a truck in which Jimmy Dutra was riding in the back; and that in May 1995, 12-year-old Adam Dutra was unlawfully stopped, questioned, and taunted by officer Pendergast on the status of Harold "Junior" Dutra. The defendants claimed that since Harold Dutra's arrest for assault of the youth, Dutra and his family have sought to harass officer Pendergast, his family and the Half Moon Bay Police Department. The plaintiffs claimed Pendergast's harassment increased after they filed complaints. The plaintiffs brought this action against the defendants based on violation of civil rights theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $18,000, including attorney's fees. The defendants made a settlement offer of $3,000.
Specials in Evidence
$420 $2,000 $___________ $___________
Injuries
The plaintiffs claimed they suffered emotional distress.
Other Information
The verdict was reached approximately one year and five months after the case was filed. The plaintiffs submitted an attorney's fee bill of $135,000. As of this date, no post trial motions or notices of appeal have been filed. In addition to the monetary award, a restraining order was issued against officer Pendergast, ordering him to refrain from harassing any members of the Dutra family and from driving by the Dutra family residence while on his way to or from his baby-sitter/day-care provider. The order also stated that while off-duty, Pendergast shall stay at least five yards from members of the Dutra family, shall stay at least five yards from the Dutra family residence in Half Moon Bay and that while on-duty, Pendergast shall not park his police car near the Dutra home for extended periods of time unless official police business requires him to do so. It was also ordered that Pendergast tape-record all contacts he has with members of the Dutra family, and then forward a copy of the tape to his supervising officer at the Half Moon Bay Police Department, who in turn shall provide a complete copy of the taped contact to the Dutra's counsel of record 10 days after each and every contact.
Deliberation
1+ days
Poll
8-0
Length
7 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390