Confidential
Settlement – $115,000Judge
Court
USDC Northern
Attorneys
Plaintiff
Michael J. Haddad
(Haddad & Sherwin LLP)
Julia Sherwin
(Haddad & Sherwin LLP)
Defendant
Facts
According To The Plaintiff: Robert Jackson Jr., 48, a disabled Vietnam veteran, stepped out onto his balcony to investigate a noise. He took his registered handgun with him, but later put it away. Police were called to the scene by apartment residents who reported that Jackson was waving a firearm while standing on the balcony of his second-floor apartment. Six officers, defendants Busevac, Gallagher, Ratcliffe, Jaynes, Martinez and Lewis, responded. The police told Jackson to go onto his balcony and put his hands up while holding him at gun point. At this time, Jackson was unarmed and wearing only underwear. Jackson complied with the police orders until they asked him to get on the ground. Jackson explained he could not do so because he had a disabling back and knee injury that prevented him from complying quickly. Jackson was then tackled to the ground by the officers, handcuffed and arrested for about 40 minutes while his apartment was searched without a warrant. He was later released with no charges. Jackson sued the city of Livermore and the six officers. The defense contends that police asked Jackson to walk down the stairs from his apartment to their location so the complaint could be investigated. Jackson responded with a barrage of profanity, according to the defense, and refused to obey the officers' instructions to confirm that he had no weapons secreted in the waistband of his shorts under his T-shirt. The defense further contends that at his deposition, Jackson testified that he had a Vietnam flashback when he saw an officer with weapon drawn and became convinced that the officers were north Vietnamese army regulars who had come to kill or capture him. He recalled very little of the interaction, said the defense, but a number of his claims were disputed by tenants who provided signed declarations for the city. Jackson's wife, a hospital nurse, testified that Jackson had been seriously traumatized by the incident and would wake up screaming in Vietnamese after experiencing nightmares. Physicians confirmed that Jackson's serious and significant Vietnam-related injuries had been exacerbated by the incident and his pain medication was doubled. The city took the position that there was no civil rights violation and that reasonable accommodations were made in detailing the plaintiff, a disabled person. The apartment resident who reported the incident could not say that Jackson had brandished the weapon at him personally, and the plaintiff was released.
Injuries
Jackson suffered bruises, scrapes and aggravation of a pre-existing back injury and pre-existing post-traumatic stress disorder. Jackson also claimed pain and suffering for up to 18 months.
Result
$115,000 mediated settlement
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