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CONFIDENTIAL

Jul. 25, 1998

Civil Rights
Police Misconduct
Excessive Force

Confidential

Settlement –  $16,000

Judge

Harry L. Hupp

Court

USDC Central


Attorneys

Plaintiff

Ellen Hammill Ellison


Defendant

Dennis A. Barlow


Facts

On Jan. 12, 1996, six minor boys ranging in age from 12 to 16 years old, were stopped by the defendant city's police in a parking structure. The plaintiffs contended their constitutional rights were violated by false arrest and excessive force, and that they suffered emotional distress after a four-hour to five-hour detention. The defendants contended that the plaintiffs were not arrested but were only detained, and that no force was used. The defendants also contended that the stop was reasonable and lasted only an hour. The duration and degree of intrusiveness of the stop were at issue. The plaintiffs brought this action against the defendant based on violation of civil rights.

Settlement Discussions

The plaintiffs made a settlement demand for $50,000. The defendant made an offer to compromise for $5,000.

Injuries

The plaintiffs alleged emotional distress.

Other Information

The settlement was reached approximately two years after the incident. The case settled on approximately the third day of trial. Per the defense, settlement occurred after two of the three individual police officers were dismissed at the close of the plaintiffs' case. SETTLEMENT CONFERENCE: A settlement conference was held on April 21, 1998, before Magistrate Judge Carolyn Turchin resulting in no settlement.


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