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Civil Rights
Excessive Force
False Arrest and Imprisonment

Richard Susag v. City of Lake Forest, County of Orange, et al.

Published: Dec. 3, 2002 | Result Date: Jun. 11, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 806610 Verdict –  $0

Judge

Dennis S. Choate

Court

Orange Superior


Attorneys

Plaintiff

Jeffrey S. Benice
(Law Offices of Jeffrey S. Benice)


Defendant

S. Frank Harrell
(Lynberg & Watkins)


Experts

Defendant

Mark N. Bailey
(technical)

Morris Claman
(medical)

Kendall S. Wagner M.D.
(medical)

Facts

On May 5, 1998, the plaintiff Richard Susag and his son Cory Susag were working at South County Autobody,
an auto repair establishment owned by Richard Susag. As a result of an altercation occurring outside the South
County business office, Deputy Chris Thompson sought to arrest Cory Susag. Cory left the altercation scene
and walked inside the South County business office. Richard Susag was present in the office when Cory
arrived. Deputy Thompson, and numerous back-up deputies, thereafter sought to arrest Cory inside the office.
As CoryÆs arrest unfolded, Deputy Thompson ordered back-up deputies to remove Richard Susag from the
scene. He was ultimately released at the scene without charges being filed.
The plaintiff then instituted a suit seeking recovery under federal and state law for
excessive force and false arrest and imprisonment.

Settlement Discussions

At the mandatory settlement conference, the plaintiff suggested he would settle for $50,000, which was rejected. No further settlement demand was made.

Damages

The plaintiff claimed unspecified general damages and special damages of $30,000.

Injuries

The plaintiff alleged a torn rotator cuff to his shoulder, a variety of soft-tissue injuries and on- going emotional distress.

Other Information

The plaintiff filed a motion for a new trial which was denied. The defendants filed a motion for an attorney fees which was denied.

Deliberation

five hours

Poll

12-0

Length

six days


#80891

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