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Torts
Civil Rights
Police Misconduct

Jared Johnston v. County of Orange, et al.

Published: Jan. 4, 2001 | Result Date: Sep. 21, 2000 | Filing Date: Jan. 1, 1900 |

Case number: 814974 Verdict –  $0

Judge

H. Warren Siegel

Court

Orange Superior


Attorneys

Plaintiff

Troy McMahan

John H. Anderson


Defendant

S. Frank Harrell
(Lynberg & Watkins)


Facts

The plaintiff claimed that he was socializing with friends at an apartment building in San Clemente during the
late evening of Oct. 30, 1998, when Orange County SheriffÆs Deputy Brad Warner arrived at the scene, with
back-up, in response to a disturbance call.
The plaintiff contended that Warner improperly struck him on the leg with a baton. Once on the ground and
handcuffed, the plaintiff alleged that Warner put on black gloves, punched him in the jaw and kicked him. The
plaintiffÆs version of events was supported by the mother of one of the plaintiffÆs friends. Deputy Warner
admitted handcuffing the plaintiff following a foot pursuit. He also admitted putting on black leather gloves in
order to handle the plaintiff, who appeared disheveled.
Warner denied hitting or kicking the plaintiff after he had been handcuffed. Orange
County and Warner contended that Warner had acted appropriately in light of the information he
possessed at the time and in light of the plaintiffÆs physical resistance.

Settlement Discussions

The plaintiff demanded $250,000. The defendant made no offer.

Deliberation

17 minutes

Poll

12-0

Length

three days


#94762

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