John Tennison v. City and County of San Francisco
Published: Sep. 26, 2009 | Result Date: Jun. 3, 2009 | Filing Date: Jan. 1, 1900 |Case number: C 04-0574 CW Settlement – $4,600,000
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Dennis J. Herrera
(San Francisco Public Utilities Commission)
James A. Quadra
(Quadra & Coll LLP)
Facts
In 1989, plaintiff John Tennison, then 17, was accused of the murder of Roderick Shannon, 18. Tennison was arrested by San Francisco Police Department officers Earl Sanders and Napoleon Hendrix, and successfully prosecuted by District Attorney George Butterworth.
Tennison spent 13 years in prison before a federal judge overturned his conviction in 2003. Subsequently, a Superior Court judge declared Tennison "factually innocent."
Tennison sued the city and county of San Francisco along with Sanders, Hendrix, and Butterworth for civil rights violations.
Contentions
PLAINTIFF'S CONTENTIONS:
Tennison contended that Butterworth, Sanders and Hendrix held exculpatory evidence from the defense during and after trial. Such evidence included a post-trial confession by another man, and an earlier statement by a woman who indicated Tennison was not involved in the murder. Thus, Tennison argued that he was wrongfully prosecuted and imprisoned.
DEFENDANTS' CONTENTIONS:
Defendants disputed liability. Defendants contended that the police inspectors and assistant district attorney had acted appropriately and in good faith in arresting and prosecuting Tennison for Shannon's murder. Defendants denied that any evidence had been suppressed and contended that the criminal jury had heard all available evidence, including two eyewitness accounts identifying Tennison and his co-defendant Goff as committing the murder, and that the conviction had been appropriate.
Result
The case settled for $4.6 million.
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