Christopher Morgan v. City of San Diego, Dee House, John Davis, William Olsen, Thomas Jacques, Jeannette Warner
Published: Aug. 18, 2012 | Result Date: Mar. 28, 2012 | Filing Date: Jan. 1, 1900 |Case number: 09-cv-2397-H (WVG) Verdict – Defense
Court
USDC Southern District of California
Attorneys
Plaintiff
Michael R. Marrinan
(Law Offices of Michael R. Marrinan)
Defendant
Keith W. Phillips
(Office of the City Attorney)
Facts
Christopher Morgan was arrested at his house for allegedly stealing plants and personal property from the garage of his neighbor, Dee House. Morgan claimed the charges were fabricated and that the arrest lacked probable cause. He sued House, the arresting detectives, and the City of San Diego. He alleged that he was unlawfully arrested in violation of his civil rights under the First and Fourth Amendments.
Prior to trial, House agreed to settle for $60,000.
Contentions
PLAINTIFF'S CONTENTIONS:
Morgan claimed that while he lived next to House for over 15 years, their relationship changed when Morgan requested that the city's Code Compliance Division inspect a major construction project at House's home. Once House learned of his request, she began making accusations about him to her police department contact, which resulted in his unlawful arrest.
DEFENDANT'S CONTENTIONS:
Defendants argued that Morgan had a falling out with House over some landscaping issues, and then vowed revenge and embarked on a campaign to torment and harass his neighbor. Morgan complained to the Homeowner's Association about numerous issues regarding House's property, and when the Homeowner's Association did not act, he allegedly took matters into his own hands by vandalizing and stealing her plants and personal property. Morgan broke into House's garage and removed some small effects. Defendants asserted that House saw Morgan running from her garage and called the police.
Damages
Morgan sought recovery of general, compensatory and punitive damages.
Injuries
Morgan claimed that he suffered from emotional distress as a result of the arrest. He also claimed that the arrest affected his computer business because the people and entities that hired him would see that he was arrested for felony burglary.
Result
The jury returned defense verdicts for all defendants.
Deliberation
five hours
Length
six days
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