Confidential
Settlement – $85,000Facts
Plaintiffs, husband and wife, were residents of the defendant city. Plaintiff husband was a former Youth Recreation Director with defendant city with no negative prior law enforcement contacts. On Jan. 25, 1996, at about 10:45 p.m., the plaintiffs were in bed when they heard plaintiff's brother outside the house, near the front door, calling urgently for help. Plaintiff husband went to the front door, turned on the porch light, and observed his brother face down on the lawn being beaten by one man while another man stood close by. Plaintiff husband yelled to his wife to call the police. Voices outside said "We are the police!" At that same moment, plaintiff claimed his brother rushed into the house, followed by defendant officer in pursuit. His brother fell to the living room floor and struggled with the officers. The plaintiff claimed co-defendant officer rushed in, knocked plaintiff onto one of two living room couches and sprayed pepper spray in his face. The officer sprayed him a second time and threw him to the living room floor next to his brother, at which point plaintiff was sprayed again. This application inadvertently sprayed the co-defendant officer, who was restraining the plaintiff's brother on the carpet. Another three defendant officers arrived. One officer grabbed the plaintiff with defendant officer's assistance and threw him to the lawn outside the house at which time another officer allegedly physically abused the plaintiff and sprayed him for the fourth time. The plaintiff's brother claimed he was also taken out and thrown to the lawn alongside plaintifff and yet another brother, who had come from inside his portion of the house in response to the commotion. The plaintiff wife shoved the officer away from her husband and claimed she was also shoved. Plaintiff and his brother were then taken to the police station. The plaintiff's brother was given a citation and released. The plaintiff was transported to the county jail where he was kept for eight days. The plaintiff claimed he discovered later that he was being accused of felonious interfering with his brother's arrest by force and violence in violation of California Penal Code º69. The plaintiff husband was acquitted on all charges in the misdemeanor trial. The plaintiffs, husband and wife, brought this action against the defendants, the city, and the officers alleging that the defendants conspired to violate plaintiff's federal civil rights by failing to put an end to plaintiff husband's criminal prosecution when they had the duty, power and evidence to do so.
Settlement Discussions
The plaintiff made settlement demand for $125,000. Per plaintiff, the defendants made an offer of $85,000.
Specials in Evidence
$8,100. Criminal defense costs and fees of $39,000
Other Information
The settlement was reached approximately one year and four months after the case was filed. A settlement conference was held on April 28, 1998, before U.S. Magistrate Judge Carla Woehrlie. Settlement was made without an admission of liability.
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