Confidential
Settlement – $15,000Judge
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Facts
On Aug. 24, 1997, the plaintiff, a 5-foot-5-inch, 130-pound, 64-year-old man from the Dominica, boarded a municipal bus in the defendant city. While en route, the plaintiff and the bus driver began to argue. As the bus neared the plaintiff's stop, the bus driver told the plaintiff to get off the bus, despite the fact that the bus was not stopped at a designated stop. When the plaintiff demanded to be dropped off at a designated bus stop, the bus driver flagged down a passing police car and informed the officers that the plaintiff was causing a disturbance. The defendant police officer boarded the bus with another officer. The police officer demanded that the plaintiff get off the bus. The defendant alleged that the plaintiff refused twice to leave the bus. The plaintiff claimed he felt threatened by the officers, so he grabbed the nearest suppport pole to protect himself and to avoid being removed from the bus. Because plaintiff would not leave voluntarily, the defendant officer pried the plaintiff's hand from the pole and bent the plaintiff's arm behind his back in a rear bent twist lock breaking his elbow. The officers then escorted the plaintiff off the bus. The officers took the plaintiff to a local hospital, but did not charge or arrest him. The plaintiff brought this action against the city and the defendant officer based on violation of civil rights, assault and battery, false imprisonment, negligence and infliction of emotional distress theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $25,000. The defendants made no settlement offers.
Injuries
The plaintiff claimed he suffered a fractured elbow, requiring splint, sling and resulting in several months of pain and difficulty of use.
Other Information
A settlement conference was held on June 7, 1999 before Magistrate Judge Maria Elena James of USDC Northern, resulting in the reported settlement. The settlement was reached approximately one year after the case was filed.
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