Tracy Watson, Renee Stalker, Olivia Stalker, Shafer Watson, Riley Watson v. City of San Jose, William Hoyt, Craig Blank
Published: Feb. 4, 2012 | Result Date: Jan. 13, 2012 | Filing Date: Jan. 1, 1900 |Case number: 5:06-cv-04029-RMW Bench Decision – Defense
Court
USDC Northern
Attorneys
Plaintiff
Robert R. Powell
(Powell & Associates)
Defendant
Clifford S. Greenberg
(Office of the San Jose City Attorney)
Facts
Tracy Watson, Renee Stalker and their minor children sued the County of Santa Clara, several Social Workers and other defendants, the City of San Jose Police Department, William Hoyt and Craig Blank in connection with the removal of their three children by the San Jose Police Detectives without a warrant, court order or just cause. On June 29, 2005, officers illegally entered the family's home and seized two of the three minor children. The following day the third child was taken after an interview at the police station revealed that there were no allegations of abuse. Police claimed they were concerned about one of the children's behavior in school and suspected she had been abused. The family asserted violations of the 4th amendment on behalf of the children and the 14th amendment on behalf of the parents. The family settled with the County of Santa Clara and the School District prior to trial and dismissed the remaining defendants.
Result
A unanimous jury awarded the family $3.25 million for damages sustained from the illegal seizure of the children. However, the court found that the damages award against the city was excessive, and ordered a new trial on whether the parents should receive damages.
Other Information
The complaint was originally filed against the County of Santa Clara and various individuals, the Evergreen School District and various individuals, the City of San Jose, William Hoyt and Craig Blank. Plaintiffs settled with Evergreen School District and the County of Santa Clara County. At trial the remaining parties were the City of San Jose, William Hoyt and Craig Blank. The verdict was against William Hoyt and Craig Blank.
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