Facts

Danilo Molieri, and his son Daniel Molieri sued the County of Marin, J. Scardina, Eric Richardson, City and County of San Francisco, R. Cox, and J. O'Malley, in connection with an incident that occurred on Dec. 7, 2009.

PLAINTIFFS' CONTENTIONS:
Plaintiff contended that two persons witnessed what appeared to be an altercation between Molieri and a female passenger in a parked car. Concerned, they called 911. Shortly thereafter, Marin County sheriff's deputies arrived on the scene and approached Molieri. When asked if he had any weapons, Molieri said no, but informed officers that his girlfriend, the female passenger, had punched him in the face. The officers proceeded to arrest and jail him as a domestic violence aggressor, and issued an emergency protective order barring contact between Molieri and his girlfriend.

Molieri contended that he had been cooperative the entire time, but nevertheless, the officers roughly pushed him against the patrol car, dislocating his shoulder. Plaintiff claimed he was also kicked, aggravating his surgically repaired right knee. Then, he was held for several hours at a substation and officers repeatedly denied his requests to call his attorney. Plaintiff claimed his requests for medical treatment were also ignored.

After his release, Molieri contacted his girlfriend and requested documents he needed to cancel a planned vacation trip with her and repayment of a loan he had made to her. The next day, when officers found out that Molieri had contacted her, police officers arrested him.

The police officers went to Molieri's home, while his son, Daniel, was present. Plaintiff claimed the officers refused to produce a warrant despite Molieri's repeated requests, and then confiscated two handguns registered under his name, and booked him into custody for violating the protective order. Molieri contended that there were no exigent circumstances that would support his arrest without a warrant.

Molieri asserted causes of action for civil rights violations; illegal entry; illegal arrest; intentional infliction of emotional distress; assault and battery; breach of duty to supervise, train, and discipline; and negligence.

DEFENDANTS' CONTENTIONS:
Defendants denied Molieri's allegations, and asserted various affirmative defenses. In particular, defendants claimed that Molieri's girlfriend was the one who informed law enforcement authorities that Molieri had contacted her in violation of the protective order. Then, defendants further contended that Molieri allowed the officers to enter his home. Further, defendants contended that all activities and actions taken by defendants were legally justified.

Result

The parties agreed to settle. The City and County of San Francisco settled for $40,000, and Marin County settled for $130,000.