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CONFIDENTIAL

Oct. 11, 1997

Civil Rights
Police Misconduct
Excessive Force

Confidential

Settlement –  $600,000

Judge

Charles A. Legge

Court

USDC Northern


Attorneys

Plaintiff

Robert Navarro

Catherine Campbell


Defendant

James J. Petzke


Experts

Plaintiff

Steve J. Martin
(technical)

Vince Nathan
(technical)

Facts

On Aug. 6, 1993, a fist fight between 10 inmates broke out in the general populations exercise yard. The plaintiffs claimed there were no weapons involved, however, defendants disputed this allegation and claimed pen fragments were found at the scene. The fight resulted in three officers firing a total two-warning shots and three mini-14 shots leaving the plaintiffs' decedent, a 20-year-old prisoner, dead and three other prisoners wounded. The plaintiffs, the decedent's son, and three wounded inmates, brought this action against the defendants based on 42 U.S.C. º1983 and wrongful death theories of recovery.

Settlement Discussions

Per the plaintiff, settlement negotiations were ongoing between the parties without court participation over the period of a year.

Injuries

The death of the plaintiffs' father and shot gun wounds suffered by the three inmate plaintiffs.

Other Information

The verdict/settlement/award was reached approximately three years and three months after the case was filed. A settlement conference/arbitration/mediation was held on ___/____19__ before ____________ (name) of ______________ (affiliation or court) resulting in _____________. EXPERT TESTIMONY: (If interesting) ANY COMMENTS ON THE JUDGE/ARBITRATOR/MEDIATOR??


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