Michael L. Kephart v. Gregg M. Bender, Scott E. Carvel
Published: Dec. 10, 2005 | Result Date: Sep. 30, 2005 | Filing Date: Jan. 1, 1900 |Case number: CVF035331 Verdict – $0
Judge
Court
USDC Eastern
Attorneys
Plaintiff
David J. Frankenberger
(Ericksen Arbuthnot)
Defendant
Jacob J. Rivas
(Law Office of Jacob J. Rivas)
Facts
Plaintiff Michael L. Kephart, 31, was in his leased loft in Bakersfield and lived with a roommate. On March 7, 2002 the Bakersfield police arrived at the loft and broke down the door to perform a narcotics search related to Kephart's roommate. The officers uncovered cocaine, methamphetamines and a vial of steroids and arrested the roommate. They eventually released the roommate for agreeing to cooperate in an investigation. However, the police linked the steroids to Kephart. Defendant Scott E. Carvel, a detective, was invited to be present at the search because he was investigating Kephart on an independent case involving burglary and fraud. During the narcotics search, Carvel located some evidence believed to be the fruits of the crime. Kephart was then arrested for burglary and the fraudulent use of an access card. On March 21, Kephart was arrested again for possession of a controlled substance. The district attorney dismissed all charges against Kephart. However, Kephart brought this suit against Carvel and Gregg M. Bender, the detective in charge of the search, for violation of his Fourth Amendment right against unreasonable search and seizure and violation of his civil rights under 42 U.S.C. Section 1983.
Settlement Discussions
The plaintiff demanded $850,000. The defense made no offer.
Damages
The plaintiff claimed a business loss of about $650,000 and property damage of $10,000 for damage to his front door and to some of his collector's items. Further, he asked for pain and suffering award of $160,000 and claimed $30,000 in criminal defense attorney's fees. The defense argued that the photographs presented by the plaintiff showed damage to his door but did not show any other property damage.
Injuries
The plaintiff claimed business loss, pain and suffering, and damage to his real and personal property as well as criminal defense attorney's fees. The plaintiff claimed that the reason the Department of Insurance refused to reissue his bail bonds license was because of his arrest on burglary and fraud charges. The plaintiff further argued that because his bail bonds license was not reissued, that resulted in a significant amount of business loss. The defense argued that they did not have a motive to ruin the plaintiff's career.
Result
The jury returned a verdict for the defense on all claims.
Deliberation
one day
Length
six days
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