Paul Ciecirski v. State of California; Department of Highway Patrol; Officer K. Harrington and Officer R. Search
Published: May 9, 1998 | Result Date: Feb. 5, 1998 | Filing Date: Jan. 1, 1900 |Case number: 951562R Verdict – $0
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas J. Wegman
(medical)
Defendant
J. Fernando Bayardo
(medical)
William L. Lukavsky
(medical)
Joseph J. Callanan Jr.
(technical)
Facts
On May 20, 1994, plaintiff Paul Ciecirski, a 55-year-old retiree from Germany, was traveling on Interstate 5, returning to the Oceanside area. At approximately 1 a.m., defendant officers K. Harrington and R. Search, employed by defendant Department of Highway Patrol, stopped the plaintiff's vehicle. The plaintiff informed the officers that he had not been drinking alcohol, and that he was handicapped. The plaintiff alleged that the officers ignored his explanation and pleas for help, dragged him from his vehicle, handcuffed and kicked him while he was lying prone on the shoulder of the freeway. The plaintiff also alleged that the officers stole $200 from him. At booking, a blood test revealed a blood alcohol concentration of 0.0 percent. The plaintiff brought this action against the defendants based on violation of civil rights theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $150,000. The defendants made an offer of $10,000.
Specials in Evidence
$___________ $___________
Injuries
The plaintiff alleged soft tissue injuries and emotional distress.
Other Information
Although plaintiff produced photographs of his alleged bruising suffered when the officers struck him, the defendants produced a rebuttal witness to attack the authenticity of the photographs.
Deliberation
five hours
Length
seven days
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