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Civil Rights
Police Misconduct
Excessive Force

Carol Denney v. Alex Takaoka, et al.

Published: Jan. 8, 1994 | Result Date: Dec. 17, 1993 | Filing Date: Jan. 1, 1900 |

Case number: C920818 –  $0

Judge

Phyllis J. Hamilton

Court

USDC Northern


Attorneys

Plaintiff

Osha Neumann

David J. Beauvais


Defendant

David R. Fredrickson

Cathleen A. Wadhams


Experts

Plaintiff

Prentice "Earl" Sanders
(technical)

Defendant

Jared Zwickey
(technical)

Facts

Plaintiff Carol Denney, a 38-year-old folk singer and political activist, was arrested in "People's Park" in Berkeley, on October 6, 1991. She was transported to the University of California Police Department holding facility on the Berkeley campus. Defendant UCPD officers Alex Takaoka and Joseph Griego placed Plaintiff in restraints after she refused to heed warnings to cease her activities of kicking the cell door and screaming.

Settlement Discussions

Defendants contend they offered nothing and Plaintiff's pre-trial demand was $75,000.

Damages

Plaintiff asked the jury for $100,000; Defendant asked the jury for a defense verdict.

Injuries

Two areas of swelling on the head above the hairline; emotional distress, pain, and suffering.

Other Information

The Court had earlier granted a partial summary judgment to other Defendant police officers, finding that the arresting officers were entitled to qualified immunity and that Plaintiff did not have a medical injury which required Defendants to summon medical care for her. Before the trial, Plaintiff dismissed her claims against the chief of police, for negligent supervision, and against two other Defendants.

Deliberation

1.5 hours

Poll

7-0

Length

5 days


#88235

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