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
False Arrest
42 U.S.C. 1983

Sylvester Okoro v. Enoch Olivas, Lisa Ausmus

Published: Oct. 31, 2009 | Result Date: May 20, 2009 | Filing Date: Jan. 1, 1900 |

Case number: RG05215668 Verdict –  Defense

Court

Alameda Superior


Attorneys

Plaintiff

Berehanu H. Challa


Defendant

Arlene M. Rosen


Facts

On June 28, 2001, Oakland Police Department officers Enoch Olivas and Lisa Ausmus arrested Sylvester Okoro. The officers searched his home and car, and charged him with annoying a child. He was arrested and detained over night. The district attorney did not prosecute. Okoro sued the officers for battery, false arrest, conversion, and unreasonable search under 42 U.S.C. Section 1983 and common law.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that the officer did not have probable cause and forced his consent to the search. Further, he claimed that his belongings in his car, which was impounded, could not be found.

DEFENDANT'S CONTENTIONS:
The defense contended that there was probable cause for the arrest because witnesses saw him asking children to tell him their names and attempting to befriend them.

Damages

Okoro sought $2.6 million.

Injuries

Okoro claimed anxiety, depression, and emotional distress. He claimed that the incident ruined his reputation and prevented him from getting a job at a school.

Result

The jury found in favor of the defense on all claims.

Poll

12-0

Length

seven days


#87750

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

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