Confidential
Settlement – $100,000Judge
Court
USDC Northern
Attorneys
Plaintiff
John L. Burris
(Law Offices of John L. Burris)
Defendant
Facts
The defendant officer, a police officer with the defendant city's police department, responded to a complaint of excessive noise reported to be coming from the plaintiffs' home. The plaintiffs, who were watching television, told the officer that they knew of no reason for a noise complaint and closed the door. The plaintiffs claimed the officer pounded on the door. The plaintiff husband, a 38-year-old master craftsman, called the police department, reported the officer and asked what was to be done. The plaintiff husband claimed he opened the door, as he was advised to do, the officer dragged him out into the hallway, punched him in the face and told him he was going to jail. The plaintiff husband claimed that when he pulled away, the officer clubbed him repeatedly with his baton. The plaintiff wife was also struck with the officer's baton. The plaintiff husband was taken for emergency treatment and then taken to jail and charged with battery on a peace officer and resisting arrest. The plaintiffs, husband and wife, brought this action against the police officer and the city based on excessive force, false arrest and civil rights violation theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Specials in Evidence
$800 $8,000-$12,000
Damages
The plaintiffs claimed damages, including lost wages, in the amount of $2,325.
Injuries
The plaintiff husband claimed he suffered lacerations and contusions and required surgery to correct an injury to his elbow. The plaintiff wife claimed she suffered emotional distress.
Other Information
The verdict was reached approximately one year and six months after the case was filed.
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