Facts

Plaintiff Heather Tonarelli, 19, alleged that in the early morning hours of June 15, 2008, in response to her call to the Scottsdale Police Dept. for assistance, defendants Chung Kim and Robert Inouye came to her home. Tonarelli claimed that Kim subjected her to an unlawful strip search without probable cause or reasonable suspicion. Tonarelli also claimed that Inouye failed to intervene and wrote a misleading report providing an alibi to Kim.

Tonarelli's original complaint included claims based on 42 U.S.C. section 1983, and sought costs, including attorney fees, pursuant to 42 U.S.C. section 1988. Tonarelli's First Amendment Complaint, filed on Aug. 27, 2009, added claims arising out of the same conduct, transaction, or occurrence based on Arizona common law.

PLAINTIFF'S CONTENTIONS:
Tonarelli claimed that, at the time of the incident, defendants Alan Rodbell and the City of Scottsdale had information regarding numerous prior incidents in which Kim had forced women to expose themselves to him while purporting to search them for drugs without reasonable suspicion or probable cause. At least one prior internal affairs investigation was conducted regarding Kim, but the Scottsdale Police Department found that the allegation was not sustained based solely on Kim's denial. Tonarelli further alleged that had Rodbell and the city conducted a proper investigation, Kim's outrageous treatment of young women would have been addressed, and the incident with Tonarelli would not have happened.

DEFENDANT'S CONTENTIONS:
According to the defense, in her complaint, Tonarelli only alleged that the city had prior knowledge of one previous incident. Only later, during mediation, did Tonarelli allege that there were numerous previous incidents. The city contended that the evidence did not support Tonarelli's changed position. Furthermore, an Internal Affairs investigation of the prior incident that was alleged in the complaint did not sustain the allegation because no corroborating evidence was uncovered during the investigation, which included interviews of neutral witnesses present at or near the scene. The city contended that this did not give the city notice of any alleged propensity for wrongdoing of Kim.

Kim contended that no improper search of Tonarelli took place. The city contended that if the improper search occurred as alleged, then Kim was acting for his own interests and not in the performance of his duties and that the city had no liability for his actions. The city further contended that its Internal Affairs investigatory procedures were properly designed and properly implemented and that Kim's resignation from the city's police force, that occurred when Internal Affairs confronted him with its investigation of the Tonarelli allegation, was an appropriate and lawful response to the complaint.

Result

The case was mediated before retired Arizona State Court Judge, Jonathan Schwartz.