Javier Bravo Sr., Hope Bravo and E.B. v. City of Santa Maria, Danny R. Macagni, County of San Luis Obispo, San Luis Obispo County Sheriff's Department, Patrick Hedges, City of San Luis Obispo, Deborah Linden and County of Santa Barbara
Published: May 23, 2009 | Result Date: Nov. 1, 2008 | Filing Date: Jan. 1, 1900 |Case number: 2:06-CV-06851-FMC-SH Verdict – Mixed Judgment
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Robert F. Mann
(Donald W. Cook, Attorney at Law)
Donald W. Cook
(Donald W. Cook, Attorney at Law)
Cynthia M. Anderson-Barker
(Law Offices of Cynthia Anderson-Barker)
Defendant
Clayton U. Hall
(Hall, Hieatt & Connely LLP)
Daniel S. Imber
(Imber Law Group)
Richard R. Terzian
(ARC )
Facts
On April 26, 2006, plaintiffs Javier Bravo Sr., age 58, Hope Bravo, age 60, and their granddaughter, E.B., age 8, were in their home in Santa Maria, California, when defendant Santa Maria Police Department officers forcibly entered the residence through the use of explosive devices and gunfire. The police entered the residence in order to execute a search warrant for the Bravos' son, Javier Jr. A few days earlier, a witness identified Javier Jr. as one of the suspects involved in a suspected gang shooting. Javier Jr. was a member of the Tangas, a Tanglewood area gang, and was incarcerated at the time the search warrant was executed.
Contentions
PLAINTIFFS' CONTENTIONS:
The Bravos contended that the defendants violated their civil rights as provided in the 4th and 14th Amendment, and the California Constitution, when they forcibly entered their home.
DEFENDANTS' CONTENTIONS:
The defendants countered that the warrant was valid and the execution of the warrant was reasonable.
Damages
The plaintiffs sought unspecified damages and a civil penalty of $25,000.
Injuries
Javier Bravo Sr. suffered an injury to his elbow.
Result
On summary adjudication, the court ruled in favor of the county of Santa Barbara (and related county defendants) and the city of Santa Maria (and related city defendants), but ruled in favor of the plaintiffs against the city of Santa Barbara. Thereafter, the plaintiffs settled for $360,000 against the city of Santa Barbara. The city of San Luis Obispo was dismissed early during the trial.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390