Facts

On Oct. 29, 2001, at approximately 3 a.m., defendants El Dorado County sheriff's deputies Kenneth Barber and Michael McKeand responded to a 911 call at a 10-acre parcel with a rental home on it owned by plaintiff Jeffrey Askew. Plaintiff's tenant claimed that he did not know the persons at his gate were officers and alleged that when he shut his gate, the defendants attacked him for no reason.

The defendants testified that the plaintiff refused to cooperate with them in their investigation, refused to comply with orders and refused to call off his dog. When the deputies entered the premises, the plaintiff resisted by shoving the gate into deputy Michael McKeand and taking a fighting stance. The deputies testified that the plaintiff resisted their efforts to detain him, resulting in plaintiff being sprayed with OC spray and struck a number of times by deputy McKeand with a flashlight. After subduing the plaintiff, the deputies searched his rental premises, kicking in two interior doors.

The plaintiff was prosecuted and acquitted by a criminal court jury for interfering with the officers and assaulting deputy McKeand.

The plaintiff, 50, was employed by the state of California for more than 20 years, married with two children.

Settlement Discussions

The plaintiff demanded $250,000. Deputy McKeand offered to dismiss his cross-complaint against the plaintiff if the plaintiff dismissed his complaint. Said offer was made in the form of a C.C.P. Section 998. McKeand's cross-complaint was settled before trial by plaintiff's insurance carrier.

Specials in Evidence

$17,000; $23,000;

Injuries

The plaintiff suffered a three centimeter cut on the right rear side of his head requiring five staples, a dislocated left shoulder and various other aches and pains.

Result

The jury referred unanimous verdicts for the defendants based upon the plaintiff's causes of action for battery, intentional infliction of emotional distress, violation of the civil rights under 1983, and violation of his rights to privacy for the search of the home. A jury in the criminal case found Askew not guilty of the charges.

Other Information

The defendants are seeking recoverable costs of $23,000. Both defendants moved for an award of attorney fees per C.C.P. section 1021.7 and 42 U.S.C. section 1988.

Deliberation

one hour

Poll

12-0

Length

nine days