This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Civil Rights
Police Negligence
Excessive Force

Alexandr Kolesnikov Sr., Lyudmila Kolesnikov, Sergey Kolesnikov, Nikolay Kolesnikov, Alexandr Kolesnikov Jr. v. Sacramento County, Sacramento County Sheriff's Department, et al.

Published: Dec. 25, 2009 | Result Date: Aug. 19, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 06CV02155(JAM) Settlement –  $200,000

Court

USDC Eastern


Attorneys

Plaintiff

David K. Henderson

Mark E. Merin
(Law Office of Mark E. Merin)


Defendant

John Padrick

Bill Lockyer

Thomas D. McCrackin


Facts

On Sept. 21, 2005, Sacramento County's sheriff's deputies entered the Antelope residence of Alexandr and Lyudmila Kolesnikov. The deputies entered the upstairs bathroom and confronted Sergey Kolesnikov, age 18, and brought him outside. 13 plaintiffs filed suit against Sacramento County, the county sheriff's department, and the state of California for excessive force by peace officers.

Contentions

PLAINTIFFS' CONTENTIONS:
In addition to Alexandr, Lyudmila, Sergey, and an adult named Nikolay Kolesnikov, nine minor plaintiffs witnessed the altercation between Sergey and the deputies. The deputies had entered the residence without permission with their guns drawn. Sergey was stepping out of the shower when he was wrestled by the deputies to the floor. He was tasered and arrested and pulled down the stairs, where the deputies threw him against a wall. Sergey left a trail of blood. When the deputies brought Sergey outside, he was naked and before a crowd of onlookers. The deputies also beat another teenage family member.

DEFENDANTS' CONTENTIONS:
One of the minor plaintiffs was riding a go-cart outside the residence without a helmet and was evading them. Deputies went to the residence to issue the go-cart driver a citation for a misdemeanor Vehicle Code violation.

Result

The parties settled for $200,000: $75,000 from State of California, and $125,000 from the Sacramento County. The $200,000 was awarded thus: $100,000 to the four adult plaintiffs, less 40 percent for attorney fees, and $100,000 divided equally among the nine plaintiffs, eight of whom are still minors.

Other Information

FILING DATE: Sept. 28, 2006.


#84256

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390