John Wood v. Walter Kadyk, Martha Kadyk, Robert Emmerson, San Bernardino County Sheriff's Department
Published: Jul. 23, 2005 | Result Date: May 17, 2005 | Filing Date: Jan. 1, 1900 |Case number: RCV43975 Verdict – $901,045
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Donald B. Cripe
(California Arbitration & Mediation)
Defendant
Dennis G. Popka
(Orrock, Popka, Tucker & Dolen)
Facts
In June 1999, Robert Emmerson, an officer with the San Bernardino County Sheriff's department, searched the person and property of John Wood, a 57-year-old retired police officer and security specialist, while Wood was in his home in Rancho Cucamonga. Emmerson arrested Wood, detained him, and incarcerated him for 60 hours before he was released. No charges were filed. The search and seizure were made pursuant to a warrant that Officer Emmerson obtained after filing an affidavit based on complaints by Walter and Martha Kadyk, Wood's neighbors. Emmerson wrote in the affidavit that the Kadyks believed that Wood was stalking Martha, that he had recently begun making inappropriate comments toward Martha, that Martha stated that Wood had been following her around town, and that she had received frequent hang-up calls at all hours, which she believed came from Wood. The affidavit also listed items stolen from the Kadyks' home, including a pool sweep, and noted that other neighbors had told Martha that Wood was the thief.
Specials in Evidence
$1,045 (psychiatric bills)
Damages
Wood, who was incarcerated for two nights in a 4'x4' concrete cell, where he was forced to stand for four hours, claimed noneconomic damages for emotional distress.
Other Information
Wood's motion for attorney fees is pending. Defense motions for a new trial and for judgment notwithstanding the verdict are pending. Defense counsel asserted that Judge Kayashima disregarded the orders of two laterally sitting criminal judges who believed that the sheriff's department had probable cause to search Wood's residence and person and to arrest him.
Deliberation
five hours
Poll
12-0 (causation), 9-3 (damages)
Length
11 days
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