Confidential
Settlement – $25,000Judge
Court
USDC Central
Attorneys
Plaintiff
Humberto M. Guizar
(Law Offices of Humberto Guizar APC)
Defendant
Facts
On Feb. 17, 1996, the plaintiff, a deaf person, was involved in altercation with his stepfather regarding a domestic dispute. The police were called. The plaintiff alleged an officer of defendant police department entered the home and began to hit the plaintiff with his flashlight and baton. The plaintiff also alleged that some blows were to his head, and that he was maced. The plaintiff could not hear the officer's commands because he is deaf. The plaintiff brought this action against the defendants based on assault and battery and violation of civil rights theories of recovery. The plaintiff contended that the officers' exercised excessive force and violated his civil rights. The plaintiff also contended that the actions constituted assault and battery. The defendants contended they did not hit the plaintiff, and that the plaintiff was out of control. A second plaintiff dismissed the officers for a waiver of attorney fees and costs.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $82,500. Per the plaintiff, the defendant made no offer. Per the defendant, the defendant made an offer for costs of defense.
Damages
The defendant claimed $_____________.
Injuries
The plaintiff claimed a laceration on his head, soft tissue injuries, swollen hands and emotional distress.
Other Information
The settlement was reached approximately one year and two months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on April 6, 1998, before Magistate Judge Andrew Wistrich, resulting in the reported settlement.
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