Facts

On Aug. 9, 2007, plaintiff Darrell Curry was urinating in the side yard of a home at 838 Milton St. when he heard someone say "He's got a gun."

Curry filed suit against the City of Oakland and several police officers, alleging violation of his civil rights, after he was shot by defendant police officer Michael Valle.

PLAINTIFF'S CONTENTIONS:
Curry contended that Valle shot him without warning. Curry denied that the drugs found were his and stated he did not throw any objects.

DEFENDANT'S CONTENTIONS:
The City contended that Curry had matched the description of a felon on probation that an informant had identified as an armed drug dealer. Valle alleged that Curry was motioning as if to pull a gun from his waistband. He also stated he saw Curry throw a shiny object into the air. Officers did not find a gun, but found rock cocaine.

Result

The parties reached a settlement for $40,000.