Confidential
Settlement – $125,000Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Michael D. Seplow
(Schonbrun, Seplow, Harris & Hoffman LLP)
Wilmer J. Harris
(Schonbrun Seplow Harris Hoffman & Zeldes)
Benjamin Schonbrun
(Schonbrun DeSimone Seplow Harris & Hoffman LLP)
Defendant
Experts
Plaintiff
Eve Sheedy
(technical)
James J. Fyfe
(technical)
Facts
On Nov. 18, 1994, between 11:30 p.m. and 12:00 a.m., the plaintiff, a 31-year-old single woman, was alone in her security apartment in Brentwood. The plaintiff was sleeping when she was awakened by loud banging at her front door. The defendant police officers announced themselves and asked that plaintiff open the door. The police stated that they had received a disturbance call and wanted to come in to investigate. The plaintiff opened the door a few inches at which point the officers forced their way into the apartment. The plaintiff assured the officers that she was alone and no one had been with her in the apartment that night. The officers insisted on walking through the apartment to be sure that no one was hurt inside. In a few moments, the officers were satisfied that plaintiff was alone and that there was no disturbance in the apartment. At that point, the plaintiff requested that the officers leave. The officers began to explain to plaintiff why they were there. When they were finished with their explanation, plaintiff once again asked the officers to leave. The officers did not leave the apartment but instead repeated their explanation of why they were in her apartment, at least eight times, according to the officers. The officers testified that they were trained to give citizens a full explanation of why they were in their homes rather than simply leaving the apartment when their investigation was completed. The plaintiff alleged that she was frightened, frustrated and upset that the officers refused to leave her apartment, and when she asked the officers to leave, the officers began to taunt her by laughing at her and ignoring her requests. The plaintiff also alleged that when she asked for the officers identification, the police turned away from her and laughed. At that point, the plaintiff lit a cigarette and exhaled smoke into the air. One of the officers felt that the smoke was directed at him and his partner. A struggle ensued. The officers struggled with the plaintiff on the bed until they handcuffed and hog-tied her. The officers then called their sergeant to the scene. The plaintiff alleged the sergeant laughed at her while she was lying face down on her carpeted floor and placed his boot within an inch of her face. The officers then picked plaintiff up, carried her to the police car parked outside, and placed in the rear of the car. The plaintiff alleged she heard the officers talking at the rear of the car asking each other what they should say about what happened in the apartment. The plaintiff was transported to the Van Nuys jail parking lot. The plaintiff found it difficult to stand up since she was hog-tied but the officers wanted her to walk. The sergeant instructed his officers to drag the plaintiff, which they did for approximately 200 yards to the station. The plaintiff was booked and charged with assault on police officers. Subsequently, the criminal charges against plaintiff were dropped and a civil lawsuit was filed. The plaintiff brought this action against the defendant based on false arrest, negligence, violation of civil rights and assault and battery theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $325,000. The defendant made an offer of compromise for $25,000.
Specials in Evidence
$1,000
Injuries
The plaintiff claimed she suffered bruises, contusions and severe emotional distress.
Other Information
The settlement was reached approximately two years after the case was filed. A mediation was held on Jan. 10, 1997, before Debra Rothman. It did not resolve the matter.
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