Facts

A property owner notified the Oakland police department that there was a prowler in his backyard. Officers arrived between 3:00 and 4:00 in the morning, and found Shawn Wrigley in a tree. An officer discharged pepper spray in Wrigley's direction. Wrigley fell from the tree and landed on a concrete stairway. He filed suit against the officer, the officer's sergeant, and the city.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the officer said "This is the part of the job I like most" before he discharged the pepper spray toward plaintiff. Plaintiff further alleged that the officer's sergeant, who was present at the scene, had ordered the officer to discharge the pepper spray. He argued that the police department's own documents indicated that the effects of pepper spray would have caused plaintiff to lose his balance and fall from the tree. He contended that the officer's use of pepper spray in the manner it was discharged under the circumstances had constituted excessive force. He emphasized that no official police reports detailing the incident could be located to disprove his version of events.

DEFENDANT'S CONTENTIONS:
Defendants claimed that the officers had repeatedly ordered plaintiff to climb down from the tree, but that plaintiff was unresponsive. They alleged that plaintiff had removed his belt and was making movements which they perceived as threatening. They alleged that the officer discharged his pepper spray because they believed that plaintiff was going to lunge towards the officer. They contended that plaintiff was under the influence of methampetamine, and that it took as long as ten minutes between the discharge of the pepper spray and plaintiff's fall. They further claimed that plaintiff had jumped from the tree on his own. They also alleged that plaintiff's claimed injuries were speculative, and that based on plaintiff's sporadic work history, he was unlikely to have earned the amount he claimed he lost as a result of his injuries.

Settlement Discussions

Plaintiff demanded $1.275 million. Magistrate Judge Edward M. Chen presided over the settlement conference.

Specials in Evidence

Plaintiff underwent two surgeries and seven months of physical therapy. He requested approximately $170,000 in past medical damages. Plaintiff sought $30,000 in past lost wages for the year that plaintiff was unable to work at full-capacity. Plaintiff claimed that he may never be able to work again, and sought between $500,000 and $700,000 in future lost earnings. Plaintiff sought between $15,000 and $30,000 for two potential future hip replacement surgeries.

Damages

Plaintiff requested an unspecified sum for his pain and suffering.

Injuries

Plaintiff sustained a fractured hip and skull.

Result

The parties settled for $300,000. The defendants did not admit any liability, and the individual officers were dismissed as parties with no payment made on their behalf.

Other Information

There was a 5150 application lodged by another officer who stated Officer Chinen told him that Sgt. Faeth authorized him to discharge the pepper spray to get Wrigley out of the tree. Deposition testimony of one of the officers testified that the use of pepper spray was likely to cause burning to the eyes, eyes to tear up, blurred vision and difficulty in breathing. Officer Chinen stated he prepared a supplemental report explaining his use of force; however, it was lost.