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Civil Rights
Police Misconduct
Excessive Force

Matthew Tarr v. Officer Joseph Dougherty and Officer Werner Horst

Published: Apr. 26, 1997 | Result Date: Nov. 12, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 95N2688 Verdict –  $0

Judge

Edward W. Nottingham

Court

USDC Colorado


Attorneys

Plaintiff

Paul Baca


Defendant

Theodore S. Halaby

Heidi Harpowiski


Experts

Plaintiff

Kathy Fine McCranie
(medical)

Eric Hammerberg
(medical)

Patricia Pacey
(technical)

Defendant

Amy Sheeder
(medical)

Ronald Carbaugh
(medical)

William Saber
(medical)

Facts

On Aug. 7, 1994, plaintiff Matthew Tarr, a 30-year-old, accounting clerk, was at an apartment complex in Thornton. The defendants, officer Joseph Dougherty and Lt. Werner Horst, Thornton police officers, responded to a complaint at the apartment complex. The plaintiff brought this action against the defendants based on violation of civil rights (assault, battery and excessive force) theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $800,000. Per the defendants, no offer was made. Per the plaintiff, the defendants made an offer of $8,000.

Specials in Evidence

$21,000 $28,600 $176,000

Damages

The plaintiff asked for damages for pain and suffering.

Injuries

The plaintiff claimed to have sustained permanent nerve injury to the left wrist.

Other Information

The verdict was reached approximately one year after the case was filed. A settlement conference was held on Jan. 15, 1996 before Magistrate Judge Bruce Pringle. It did not resolve the matter.


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