Confidential
Settlement – $125,000Court
Santa Clara Superior
Attorneys
Plaintiff
Anthony M. Boskovich
(Law Office of Anthony M. Boskovich)
Defendant
Winifred Botha
(Office of the Santa Clara County Counsel)
David Nied
(Ad Astra Law Group)
Experts
Plaintiff
Buzz Ereno
(technical)
Defendant
Leonard B. Sprinkles
(technical)
Facts
After plaintiff Lori Drane's husband was charged with domestic violence, the plaintiff told Matthew Braker, a deputy district attorney for the County of Santa Clara, that she lied to the police and that her husband had not assaulted her. Braker allegedly threatened the plaintiff with criminal prosecution if her testimony did not conform to the police report. On July 24, 1997, Braker ordered the arrest of the plaintiff for failing to appear in court pursuant to subpoena. She was transported to jail instead of the court, even though court was still in session. The plaintiff invoked her Fifth Amendment Rights and was released 36 hours later. Despite Braker's supposed knowledge that the plaintiff intended to invoke her rights, he continued to subpoena her to court. She came to court but was sent home because the case was continued. On October 27, the plaintiff appeared in court and claimed she was told by the bailiff that the trial was set for October 29 or November 3, and that she could leave. When the case was called, the plaintiff wasn't present. That afternoon, Braker asked that a body attachment be issued. When the plaintiff explained to Baker why she left early and that she would appear on the trial date, Braker demanded she personally come and pick up the subpoena. The plaintiff stated that her job was in jeopardy and could not do it. Braker had the plaintiff served at work with another subpoena the next day. When handed the subpoena, she immediately tore it up. When Braker learned of this, he ordered the plaintiff arrested. She was again taken to jail instead of court, despite the court being in session. The plaintiff claimed she repeatedly called Braker from jail and asked to be taken to court. She alleged Braker told her that he would take her before a judge. In the meantime, the case against plaintiff's husband was continued trailed at the request of his attorney. Braker reminded the judge that Drane was still in custody. The judge opted to keep her there. The case against the husband then settled with a plea and plaintiff was immediately released. The plaintiff spent nine days in jail and was never taken to a judge. While in jail, the plaintiff told the jailers that she had a spider bite that required medical treatment and prescription medication. She gave the jail nurse the doctor's orders and prescription, but she claimed that she was denied medical treatment. The plaintiff contended that officers refused to allow her to consult with a public defender or be taken to a judge, saying that because she was being held on contempt charges, she had no right to an attorney or a hearing. The plaintiff sued the county, Braker and her jailers.
Damages
The plaintiff also sought recompense for lost wages.
Injuries
The plaintiff sought damages for emotional distress.
Result
A mediated settlement of $125,000 was reached before Jack Williams.
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