Facts

This case arises out of alleged federal civil rights violations by members of the County of Contra Costa Sheriff's Dept. and City of Antioch police officers when, in the early hours of March 14, 2008, members of law enforcement forcibly entered plaintiffs' home in Antioch, California. Plaintiffs are Lance Johnson, his wife Josephine Johnson, and Arthur Lee, Mr. Johnson's son. At approximately 4:00 a.m., Lance and Arthur had fallen asleep in the living room watching TV when they were suddenly awakened by various members of the Antioch Police Dept. and Contra Costa County Sheriff's Dept.

Plaintiffs did not hear defendants knock or announce themselves before they broke in to their home. Plaintiff Josephine Johnson, who was asleep in her bed, was also awakened by defendants' entry into her home. Immediately upon entering plaintiffs' home, a number of defendants proceeded to assault and batter plaintiff Lance Johnson, who is disabled and did not offer any resistance. Defendants slammed his head into a coffee table, and struck him with closed fists, three or four times about the face. Lance Johnson was then shot five times with a Taser, causing him to suffer acute multiple contusions and acute Taser wounds to the abdomen, which required emergency medical care.

Several other defendants also detained Josephine Johnson and Arthur Lee. Josephine Johnson was handcuffed for approximately 15 minutes and her movements were restricted throughout the time defendants remained in plaintiffs' home. Arthur was thrown to the ground by defendants, who held him down with their boots, handcuffed him, and restricted his movements throughout the time defendants remained in plaintiffs' home.

After entering plaintiffs' home and detaining plaintiffs, defendants conducted a search of plaintiffs, their residence, and their possessions. Plaintiffs estimate that defendants were in their home for approximately an hour, after which time defendants left without giving plaintiffs an explanation or an apology. Lance Johnson left his home that morning in an ambulance. Criminal charges were never filed against any of the plaintiffs. The Contra Costa County defendants returned to the street where plaintiffs resided three days later, and searched the house next door where drugs were found.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that although defendants had a warrant for plaintiffs' residence, the warrant was unlawful because it did not sufficiently supply the officers with probable cause to enter plaintiffs' home. Plaintiffs further contended that even if the warrant was valid, defendants used excessive force when entering plaintiffs' home.

DEFENDANTS' CONTENTIONS:
Defendants contended that the warrant that they had was a valid warrant for plaintiffs' residence, and that the force that was used was reasonable.

Result

Mediation was held with the Honorable Ronald Sabraw, JAMS, and resulted with the City of Antioch defendants settling their claims with plaintiffs for $90,000. The Contra Costa County defendants proceeded to file a summary judgment that was granted in part and denied in part, and soon thereafter, within a week of trial, Contra Costa County paid an additional $250,000 to settle plaintiffs' claims against them.

Other Information

MEDIATOR: Ronald M. Sabraw