Shawn Myers, Sarah Myers v. City and County of San Francisco, Heather Fong, Jesse Serna, Gary Moriyama, and Does 1 through 50, inclusive
Published: Apr. 20, 2013 | Result Date: Mar. 26, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:08-cv-1163 Settlement – $200,000
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Sean F. Connolly
(Office of the San Francisco City Attorney)
Warren Metlitzky
(Conrad Metlitzky Kane LLP)
Daniel A. Zaheer
(Kobre & Kim LLP)
Facts
On Feb. 24, 2007, Shawn Myers and Sarah Myers were waiting for their car at a valet kiosk following a cruise. They saw San Francisco police officers Jesse Serna and Gary Moriyama arrive at the location where they arrested a young man. At some point, an altercation involving the Myers and the police officers occurred. The Myers sued the officers and the City and County of San Francisco for civil rights violations.
Contentions
PLAINTIFF'S CONTENTIONS:
The Plaintiffs alleged they saw the officers violently punch the young man, who asked for bystanders to be witnesses to his beating. Plaintiffs claimed that when Shawn said he would be a witness, Serna placed Shawn under arrest, put an arm bar on him, and Moriyama threw him to the ground.
In addition, the plaintiffs claimed Serna discharged O.C. spray into Sarah's face without provocation because she was complaining about the situation.
The Plaintiffs alleged Shawn was placed in jail for seven days, and the officers lied in police reports by saying he had threatened them and resisted arrest.
The Plaintiffs alleged civil rights violations, assault and battery, false imprisonment, intentional infliction of emotional distress, negligent infliction of emotional distress and negligent hiring.
Damages
Shawn Myers sought $1 million, and Sarah Myers sought $500,000.
Result
After Judge Jones ruled on defendant's motion for summary judgement, the parties agreed to settle for $200,000.
Other Information
FILING DATE: Feb. 27, 2008. SETTLEMENT JUDGE: Magistrate Judge James Larson.
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